119-hr1210

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1210 Introduced in House

    (IH) ]

<DOC>

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.''.
 <all>