[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 511 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 511
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 SENATE OF THE UNITED STATES
February 11, 2025
Ms. Ernst (for herself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
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.--Subchapter IV of chapter 71 of title 5, United
States Code, is amended by inserting after section 7135 the following:
``Sec. 7136. Charging labor organizations for use of Federal resources
``(a) 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'--
``(A) 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; and
``(B) does not include any resource to the extent
that the resource is used for agency business.
``(3) Labor organization.--Notwithstanding section 7103,
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 that employee worked in that 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 1
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 that labor organization or otherwise
acting in the capacity as an employee representative, including
official time authorized under section 7131.
``(b) 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 that agency a fee each calendar quarter for the
use of the resources of that agency during that 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 that labor organization while
employed by that agency in that quarter; and
``(B) the value of agency resources provided for
union use to that labor organization by that agency in
that 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 that
agency head under paragraph (1) with respect to that
calendar quarter a notice stating the amount of that
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 the fee
receives a notice under subparagraph (A) with respect
to that 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 the fee.
``(B) Transfer to general fund.--The head of an
agency shall transfer each payment of a fee charged
under paragraph (1) that the agency head receives to
the general fund of the Treasury.
``(c) Value Determinations.--
``(1) In general.--The head of an agency charging a labor
organization a fee under subsection (b) 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 that subsection in accordance with this
subsection.
``(2) Values.--For the purposes of paragraph (2) of
subsection (b), with respect to a fee charged to a labor
organization by the head of an agency under paragraph (1) of
that 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
that labor representative paid by that agency and the
number of hours of union time of that labor
representative during that calendar quarter during
which that labor representative was on duty as an
employee of that agency; and
``(B) that agency head 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 those rates are inapplicable to the use of
those resources, the market rate for the use of those
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 those resources for the business
of that 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.
``(d) Enforcement and Penalties.--
``(1) Penalties.--
``(A) In general.--If a labor organization does not
pay a fee charged to that labor organization under
subsection (b)(1) on or before the date on which
payment for that fee becomes due, during the period
beginning on the date on which that payment becomes due
and ending on the date on which every fee charged to
that labor organization under that subsection is fully
paid--
``(i) the amount of that 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 that
period begins--
``(aa) deny that labor
organization and the labor
representatives for that labor
organization any further union
time;
``(bb) cease providing and
the deny further use of agency
resources provided for union
use by that labor
representatives for the
business of that labor
organization; and
``(cc) not be subject to--
``(AA) any
grievance procedures or
binding arbitration
invoked by that labor
organization under
section 7121; or
``(BB) any unfair
labor practice
complaints or
proceedings under this
chapter pertaining to
that labor organization
or employees
represented by that
labor organization;
``(II) beginning on the date that
is 180 days after the date on which
that period begins--
``(aa) terminate all
allotments made by or on behalf
of the agency with respect to
that labor organization under
section 7115; and
``(bb) not authorize any
allotments described in item
(aa) with respect to that labor
organization; and
``(III) on the date that is 365
days after the date on which that
period begins, inform the Authority and
that 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 that period begins, the
Authority shall terminate the certification of
that labor organization as the exclusive
representative of employees of that 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 that agency unless that labor organization
pays all fees charged to that labor organization by the
head of that agency under subsection (b)(1), including
any increases to those 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 a grievance 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 that
agency.
``(B) Failure to record.--
``(i) In general.--A labor representative
who uses union time and fails to record that
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 that failure is
willful or occurs in the same fiscal year as
another such failure by that labor
representative.
``(iii) Limited review.--Adverse action
taken 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 that adverse action
against that 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 2 years after the date of
enactment of this section, and every 2 years thereafter, the
Inspector General of each agency shall--
``(A) conduct an evaluation of the compliance of
that 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 (b) were charged and paid, and the valuation
of agency resources provided for union use by that
agency pursuant to subsection (c)(2)(B); and
``(B) submit to the head of that agency, the
Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on Oversight and
Government Reform of the House of Representatives a
report on the findings of the evaluation required by
subparagraph (A).''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 71 of title 5, United States Code, is amended by inserting
after the item relating to section 7135 the following:
``7136. Charging labor organizations for use of Federal resources.''.
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