[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1210 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1210
To amend chapter 71 of title 5, United States Code, to charge labor
organizations for the agency resources and employee time used by such
labor organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2025
Mr. Perry introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend chapter 71 of title 5, United States Code, to charge labor
organizations for the agency resources and employee time used by such
labor organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Taxpayers' Wallets Act of
2025''.
SEC. 2. CHARGING LABOR ORGANIZATIONS FOR USE OF FEDERAL RESOURCES.
(a) In General.--Chapter 71 of title 5, United States Code, is
amended by adding at the end the following new section:
``Sec. 7136. Charging labor organizations for use of Federal resources
``(a) Fees for Use of Agency Resources.--
``(1) In general.--Notwithstanding any other provision of
this chapter, the head of each agency shall charge each labor
organization recognized as an exclusive representative of
employees of such agency a fee each calendar quarter for the
use of the resources of such agency during such quarter.
``(2) Fee calculation.--The amount of the fee the head of
an agency charges a labor organization under paragraph (1) with
respect to a calendar quarter shall be equal to the amount that
is the sum of--
``(A) the value of the union time of each labor
representative for such labor organization while
employed by such agency in such quarter; and
``(B) the value of agency resources provided for
union use to such labor organization by such agency in
such quarter.
``(3) Timing.--
``(A) Notice.--Not later than 30 days after the end
of each calendar quarter, the head of each agency shall
submit to each labor organization charged a fee by such
head under paragraph (1) with respect to such calendar
quarter a notice stating the amount of such fee.
``(B) Due date.--Payment of a fee charged under
paragraph (1) is due not later than 60 days after the
date on which the labor organization charged such fee
receives a notice under paragraph (A) with respect to
such fee.
``(4) Payment.--
``(A) In general.--Payment of a fee charged under
paragraph (1) shall be made to the head of the agency
that charged such fee.
``(B) Transfer to general fund.--The head of an
agency shall transfer each payment of a fee charged
under paragraph (1) that such head receives to the
general fund of the Treasury.
``(b) Value Determinations.--
``(1) In general.--The head of an agency charging a labor
organization a fee under subsection (a) shall determine the
value of union time used by labor representatives and the value
of agency resources provided for union use for the purposes of
paragraph (2) of such subsection in accordance with this
subsection.
``(2) Values.--For the purposes of paragraph (2) of
subsection (a), with respect to a fee charged to a labor
organization by the head of an agency under paragraph (1) of
such subsection--
``(A) the value of the union time of a labor
representative during a calendar quarter is equal to
amount that is the product of the hourly rate of pay of
such labor representative paid by such agency and the
number of hours of union time of such labor
representative during such calendar quarter during
which such labor representative was on duty as an
employee of such agency; and
``(B) such head of such agency shall determine the
value of agency resources provided for union use during
a calendar quarter using rates established by the
General Services Administration, where applicable, or
to the extent that such rates are inapplicable to such
the use of such resources, the market rate for the use
of such resources, except that with respect to
resources used for both agency business and for
purposes pertaining to matters covered by this chapter,
only the value of the portion of the use of such
resources for the business of such labor organization
shall be included.
``(3) Determinations not subject to review.--No
determination of the head of an agency described in paragraph
(1) may be determined to be an unfair labor practice or subject
to collective bargaining or grievance procedures under this
chapter, or otherwise contested or appealed.
``(c) Enforcement and Penalties.--
``(1) Penalties.--
``(A) In general.--If a labor organization does not
pay a fee charged to such labor organization under
subsection (a)(1) on or before the date on which
payment for such fee becomes due, during the period
beginning on the date on which such payment becomes due
and ending on the date on which every fee charged to
such labor organization under such subsection is fully
paid--
``(i) the amount of such fee shall be
increased at a rate equal to the interest rate;
``(ii) the head of each agency shall--
``(I) beginning on the date that is
90 days after the date on which such
period begins--
``(aa) deny such labor
organization and the labor
representatives for such labor
organization any further union
time;
``(bb) cease providing and
the deny further use of agency
resources provided for union
use by such labor
representatives for the
business of such labor
organization; and
``(cc) not be subject to--
``(AA) any
grievance procedures or
binding arbitration
invoked by such labor
organization under
section 7121; or
``(BB) any unfair
labor practice
complaints or
proceedings under this
chapter pertaining to
such labor organization
or employees
represented by such
labor organization; and
``(II) beginning on the date that
is 180 days after the date on which
such period begins--
``(aa) terminate all
allotments made by or on behalf
of the agency with respect to
such labor organization under
section 7115; and
``(bb) not authorize any
such allotments with respect to
such labor organization; and
``(III) on the date that is 365
days after the date on which such
period begins, inform the Authority and
such labor organization that such
period has reached a duration of 365
days; and
``(iii) on the date that is 380 days after
the date on which such period begins, the
Authority shall terminate the certification of
such labor organization as the exclusive
representative of employees of such agency.
``(B) Exclusive representative prohibition.--A
labor organization for which the Authority terminates a
certification as the exclusive representatives of
employees of an agency under subparagraph (A)(iii) may
not be certified as the exclusive representative of any
employee of such agency unless such labor organization
pays all fees charged to such labor organization by the
head of such agency under subsection (a)(1), including
any increases to such fees under subparagraph (A)(i).
``(C) Rule of construction.--Subparagraph
(A)(ii)(I)(cc) may not be construed as--
``(i) tolling any statutory or contractual
deadline for the filing of a grievance,
complaint of an unfair labor practice, or
proceeding to binding arbitration; or
``(ii) preventing or limiting an agency
from filing any grievance against a labor
organization or advancing such grievances to
binding arbitration.
``(2) Time tracking.--
``(A) In general.--Each agency shall track the use
of union time by labor representatives using the
applicable time and attendance tracking system of such
agency.
``(B) Failure to record.--
``(i) In general.--A labor representative
who uses union time and fails to record such
use in the applicable time and attendance
tracking system shall be considered absent
without leave and subject to appropriate
adverse action.
``(ii) Willful or repeated failures.--A
failure of a labor representative described in
clause (i) shall constitute an impairment to
the efficient of the service if such failure is
willful or occurs in the same fiscal year as
another such failure by such labor
representative.
``(iii) Limited review.--Adverse action
take against an employee under clause (i)--
``(I) may not be determined to be
an unfair labor practice or subject to
grievance procedures or binding
arbitration under section 7121; and
``(II) notwithstanding any other
provision of law, shall be sustained on
appeal if the determination of the
agency to take such adverse action
against such employee is supported by
substantial evidence.
``(3) Payment required.--The head of an agency may not
forgive, reimburse, waive, or in any other manner reduce any
fee charged under this section.
``(4) Compliance.--Not later than two years after the date
of the enactment of this section, and every two years
thereafter, the Inspector General of each agency shall--
``(A) conduct an evaluation of the compliance of
such agency and each relevant labor organization with
the requirements of this section, including the
accuracy with which labor representatives recorded the
use of union time, the promptness with which fees under
subsection (a) were charged and paid, and the valuation
of agency resources provided for union use by such
agency pursuant to subsection (b)(2)(B); and
``(B) submit to the head of such agency, the
Committee on Oversight and Government Reform of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a
report on the findings of the evaluation required by
subparagraph (A).
``(d) Definitions.--In this section:
``(1) Agency business.--The term `agency business' means
work performed by employees on behalf of an agency, or under
the direction and control of the agency.
``(2) Agency resources provided for union use.--The term
`agency resources provided for union use' means the resources
of an agency, other than the time of employees in a duty
status, that such agency provides to labor representatives for
purposes pertaining to matters covered by this chapter,
including agency office space, parking space, equipment, and
reimbursement for expenses incurred while on union time or
otherwise performing non-agency business, except that this term
does not include any resource to the extent that such resource
is used for agency business.
``(3) Labor organization.--The term `labor organization'
means a labor organization recognized as an exclusive
representative of employees of an agency under this chapter or
as a representative of agency employees under any system
established by the Transportation Security Administration
Administrator pursuant to section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note).
``(4) Hourly rate of pay.--The term `hourly rate of pay'
means the total cost to an agency of employing an employee in a
pay period or pay periods, including wages, salary, and other
cash payments, agency contributions to employee health and
retirement benefits, employer payroll tax payments, paid leave
accruals, and the cost to the agency for other benefits,
divided by the number of hours such employee worked in such pay
period or pay periods.
``(5) Interest rate.--The term `interest rate' means the
average market yield of outstanding marketable obligations of
the United States having maturities of 30 years plus one
percentage point.
``(6) Labor representative.--The term `labor
representative' means an employee of an agency serving in any
official or other representative capacity for a labor
organization (including as any officer or steward of a labor
organization) that is the exclusive representative of employees
of such agency under this chapter or is the representative of
employees under any system established by the Transportation
Security Administration Administrator pursuant to section
111(d) of the Aviation and Transportation Security Act (49
U.S.C. 44935 note).
``(7) Union time.--The term `union time' means the time an
employee of an agency who is a labor representative for a labor
organization spends performing non-agency business while on
duty, either in service of such labor organization or otherwise
acting in the capacity as an employee representative, including
official time authorized under section 7131.''.
(b) Clerical Amendment.--The table of sections for chapter 71 of
title 5, United States Code, is amended by adding at the end the
following new item:
``7136. Charging labor organizations for use of Federal resources.''.
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