119-s511

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 511 Introduced in Senate

    (IS) ]

<DOC>

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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