[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7095 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 7095

To enhance accountability and efficiency in the Federal civil service, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2022

 Mr. Hice of Georgia (for himself, Mr. Cloud, Mr. Clyde, Mr. C. Scott 
  Franklin of Florida, Mrs. Harshbarger, Ms. Herrell, Mr. Higgins of 
  Louisiana, Mr. Gibbs, Mr. Keller, Mr. LaTurner, Mr. Norman, and Ms. 
    Mace) introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
To enhance accountability and efficiency in the Federal civil service, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Accountable 
Federal Employees Act'' or the ``Accountable Feds Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--CREATING SCHEDULE F IN THE EXCEPTED SERVICE

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Schedule F of the excepted service.
Sec. 104. Executive agency actions.
Sec. 105. Definitions.
                           TITLE II--REMOVAL

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Principles for accountability in the Federal workforce.
Sec. 204. Standard for negotiating grievance procedures.
Sec. 205. Managing the Federal workforce.
Sec. 206. Ensuring integrity of personnel files.
Sec. 207. Data collection of adverse actions.
Sec. 208. Implementation.
Sec. 209. General provisions.
                         TITLE III--UNION TIME

Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Definitions.
Sec. 304. Standards for reasonable and efficient taxpayer-funded union 
                            time usage.
Sec. 305. Employee conduct with regard to agency time and resources.
Sec. 306. Preventing unlawful or unauthorized expenditures.
Sec. 307. Agency reporting requirements.
Sec. 308. Public disclosure and transparency.
Sec. 309. Implementation and renegotiation of collective bargaining 
                            agreements.
            TITLE IV--COST REDUCING IN COLLECTIVE BARGAINING

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Interagency labor relations working group.
Sec. 405. Collective bargaining objectives.
Sec. 406. Collective bargaining procedures.
Sec. 407. Permissive bargaining.
Sec. 408. Efficient bargaining over procedures and appropriate 
                            arrangements.
Sec. 409. Public accessibility.
Sec. 410. Lack of report.
Sec. 411. Application.

          TITLE I--CREATING SCHEDULE F IN THE EXCEPTED SERVICE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Creating Schedule F in the 
Excepted Service Act''.

SEC. 102. FINDINGS.

    Congress finds the following:
            (1) To effectively carry out the broad array of activities 
        assigned to the executive branch under law, the President and 
        his appointees must rely on men and women in the Federal 
        service employed in positions of a confidential, policy-
        determining, policy-making, or policy-advocating character. 
        Faithful execution of the law requires that the President have 
        appropriate management oversight regarding this select cadre of 
        professionals.
            (2) The Federal Government benefits from career 
        professionals in positions that are not normally subject to 
        change as a result of a Presidential transition but who 
        discharge significant duties and exercise significant 
        discretion in formulating and implementing executive branch 
        policy and programs under the laws of the United States. The 
        heads of executive departments and agencies (agencies) and the 
        American people also entrust these career professionals with 
        non-public information that must be kept confidential.
            (3) With the exception of attorneys in the Federal service 
        who are appointed pursuant to schedule A of the excepted 
        service and members of the Senior Executive Service, 
        appointments to these positions are generally made through the 
        competitive service. Given the importance of the functions they 
        discharge, employees in such positions must display appropriate 
        temperament, acumen, impartiality, and sound judgment.
            (4) Due to these requirements, agencies should have a 
        greater degree of appointment flexibility with respect to these 
        employees than is afforded by the existing competitive service 
        process.
            (5) Further, effective performance management of employees 
        in confidential, policy-determining, policy-making, or policy-
        advocating positions is of the utmost importance. 
        Unfortunately, the Government's current performance management 
        is inadequate, as recognized by Federal workers themselves. For 
        instance, the 2016 Merit Principles Survey reveals that less 
        than a quarter of Federal employees believe their agency 
        addresses poor performers effectively.
            (6) Separating employees who cannot or will not meet 
        required performance standards is important, and it is 
        particularly important with regard to employees in 
        confidential, policy-determining, policy-making, or policy-
        advocating positions. High performance by such employees can 
        meaningfully enhance agency operations, while poor performance 
        can significantly hinder them. Senior agency officials report 
        that poor performance by career employees in policy-relevant 
        positions has resulted in long delays and substandard-quality 
        work for important agency projects, such as drafting and 
        issuing regulations.
            (7) Conditions of good administration make necessary an 
        exception to the competitive hiring rules and examinations for 
        career positions in the Federal service of a confidential, 
        policy-determining, policy-making, or policy-advocating 
        character. These conditions include the need to provide agency 
        heads with additional flexibility to assess prospective 
        appointees without the limitations imposed by competitive 
        service selection procedures. Placing these positions in the 
        excepted service will mitigate undue limitations on their 
        selection. This action will also give agencies greater ability 
        and discretion to assess critical qualities in applicants to 
        fill these positions, such as work ethic, judgment, and ability 
        to meet the particular needs of the agency. These are all 
        qualities individuals should have before wielding the authority 
        inherent in their prospective positions, and agencies should be 
        able to assess candidates without proceeding through 
        complicated and elaborate competitive service processes or 
        rating procedures that do not necessarily reflect their 
        particular needs.
            (8) Conditions of good administration similarly make 
        necessary excepting such positions from the adverse action 
        procedures set forth in chapter 75 of title 5, United States 
        Code. Chapter 75 of title 5, United States Code, requires 
        agencies to comply with extensive procedures before taking 
        adverse action against an employee. These requirements can make 
        removing poorly performing employees difficult. Only a quarter 
        of Federal supervisors are confident that they could remove a 
        poor performer. Career employees in confidential, policy-
        determining, policy-making, and policy-advocating positions 
        wield significant influence over Government operations and 
        effectiveness. Agencies need the flexibility to expeditiously 
        remove poorly performing employees from these positions without 
        facing extensive delays or litigation.

SEC. 103. SCHEDULE F OF THE EXCEPTED SERVICE.

    (a) In General.--Appointments of individuals to positions of a 
confidential, policy-determining, policy-making, or policy-advocating 
character that are not normally subject to change as a result of a 
Presidential transition shall be made under schedule F of the excepted 
service, as established by subsection (b).
    (b) Regulations.--The Director of the Office of Personnel 
Management shall--
            (1) amend section 6.2 of title 5, Code of Federal 
        Regulations, to read as follows:
    ``OPM shall list positions that it excepts from the competitive 
service in Schedules A, B, C, D, E, and F, which schedules shall 
constitute parts of this rule, as follows:
    ``Schedule A. Positions other than those of a confidential or 
policy-determining character for which it is not practicable to examine 
shall be listed in Schedule A.
    ``Schedule B. Positions other than those of a confidential or 
policy-determining character for which it is not practicable to hold a 
competitive examination shall be listed in Schedule B. Appointments to 
these positions shall be subject to such noncompetitive examination as 
may be prescribed by OPM.
    ``Schedule C. Positions of a confidential or policy-determining 
character normally subject to change as a result of a Presidential 
transition shall be listed in Schedule C.
    ``Schedule D. Positions other than those of a confidential or 
policy-determining character for which the competitive service 
requirements make impracticable the adequate recruitment of sufficient 
numbers of students attending qualifying educational institutions or 
individuals who have recently completed qualifying educational 
programs. These positions, which are temporarily placed in the excepted 
service to enable more effective recruitment from all segments of 
society by using means of recruiting and assessing candidates that 
diverge from the rules generally applicable to the competitive service, 
shall be listed in Schedule D.
    ``Schedule E. Position of administrative law judge appointed under 
5 U.S.C. 3105. Conditions of good administration warrant that the 
position of administrative law judge be placed in the excepted service 
and that appointment to this position not be subject to the 
requirements of 5 CFR, part 302, including examination and rating 
requirements, though each agency shall follow the principle of veteran 
preference as far as administratively feasible.
    ``Schedule F. Positions of a confidential, policy-determining, 
policy-making, or policy-advocating character not normally subject to 
change as a result of a Presidential transition shall be listed in 
Schedule F. In appointing an individual to a position in Schedule F, 
each agency shall follow the principle of veteran preference as far as 
administratively feasible'';
            (2) amend section 6.4 of title 5, Code of Federal 
        Regulations, to read as follows:
``Except as required by statute, the Civil Service Rules and 
Regulations shall not apply to removals from positions listed in 
Schedules A, C, D, E, or F, or from positions excepted from the 
competitive service by statute. The Civil Service Rules and Regulations 
shall apply to removals from positions listed in Schedule B of persons 
who have competitive status.'';
            (3) adopt such regulations as the Director determines may 
        be necessary to implement this title, including, as 
        appropriate, amendments to or rescissions of regulations that 
        are inconsistent with, or that would impede the implementation 
        of, this title, giving particular attention to--
                    (A) section 302.101 of title 5, Code of Federal 
                Regulations;
                    (B) subpart D of part 212 of such title; and
                    (C) subparts A and C of part 213 of such title; and
            (4) provide guidance on conducting a swift, orderly 
        transition from the existing appointment processes to the 
        schedule F process established by this title.

SEC. 104. EXECUTIVE AGENCY ACTIONS.

    (a) Review.--
            (1) In general.--Each Executive agency head shall conduct, 
        not later than 90 days after the date of enactment of this Act, 
        a preliminary review of the positions in the Executive agency 
        that are covered by subchapter II of chapter 75 of title 5, 
        United States Code, and shall conduct a complete review of the 
        positions in the agency not later than 210 days after the date 
        of enactment of this Act. Thereafter, each agency head shall 
        conduct a review of such positions that are covered by 
        subchapter II of chapter 75 of title 5, United States Code, on 
        at least an annual basis.
            (2) Petitions.--
                    (A) In general.--Following a review under paragraph 
                (1), each agency head shall, for positions not excepted 
                from the competitive service by statute, petition the 
                Director to place in schedule F any such competitive 
                service, schedule A, schedule B, or schedule D 
                positions in the Executive agency that the agency head 
                determines to be of a confidential, policy-determining, 
                policy-making, or policy-advocating character and that 
                are not normally subject to change as a result of a 
                Presidential transition.
                    (B) Petition explanation.--Any petition submitted 
                under subparagraph (A) shall include a written 
                explanation documenting the basis for the agency head's 
                determination that such position should be placed in 
                schedule F.
            (3) Determinations.--
                    (A) In general.--Following a review under paragraph 
                (1), each agency head shall, for positions excepted 
                from the competitive service by statute, determine 
                which such positions are of a confidential, policy-
                determining, policy-making, or policy-advocating 
                character and are not normally subject to change as a 
                result of a Presidential transition.
                    (B) Determination effect.--A position which the 
                agency head determines under subparagraph (A) to be of 
                a confidential, policy-determining, policy-making, or 
                policy-advocating character and not normally subject to 
                change as a result of a Presidential transition shall 
                be considered a schedule F position for the purposes of 
                Executive agency actions under subsections (d) and (f).
                    (C) Publication.--An agency head shall publish each 
                determination made under subparagraph (A) in the 
                Federal Register.
    (b) Applicability.--The requirements set forth in subsection (a) 
shall apply to currently existing positions and newly created 
positions.
    (c) Additional Consideration.--When conducting the review required 
by subsection (a), each agency head should give particular 
consideration to the appropriateness of either petitioning the Director 
to place in schedule F or including in the determination published in 
the Federal Register, as applicable, positions of which the duties 
include any of the following:
            (1) Substantive participation in the advocacy for or 
        development or formulation of policy, especially--
                    (A) substantive participation in the development or 
                drafting of regulations and guidance; or
                    (B) substantive policy-related work in an Executive 
                agency or Executive agency component that primarily 
                focuses on policy.
            (2) The supervision of attorneys.
            (3) Substantial discretion to determine the manner in which 
        the Executive agency exercises functions committed to the 
        agency by law.
            (4) Viewing, circulating, or otherwise working with 
        proposed regulations, guidance, executive orders, or other non-
        public policy proposals or deliberations generally covered by 
        deliberative process privilege and either--
                    (A) directly reporting to or regularly working with 
                an individual appointed by either the President or an 
                agency head who is paid at a rate not less than that 
                earned by employees at Grade 13 of the General 
                Schedule; or
                    (B) working in the Executive agency or Executive 
                agency component executive secretariat (or equivalent).
            (5) Conducting, on the Executive agency's behalf, 
        collective bargaining negotiations under chapter 71 of title 5, 
        United States Code.
    (d) Petition Decision.--The Director shall promptly determine 
whether to grant any petition under subsection (a). Not later than 
December 31 of each year, the Director shall report to the President, 
through the Director of the Office of Management and Budget and the 
Assistant to the President for Domestic Policy, concerning the number 
of petitions granted and denied for that year for each Executive 
agency.
    (e) Collective Bargaining Exclusions.--Each agency head shall, as 
necessary and appropriate, expeditiously petition the Federal Labor 
Relations Authority to determine whether any schedule F position must 
be excluded from a collective bargaining unit under section 7112(b) of 
title 5, United States Code, paying particular attention to the 
question of whether incumbents in such positions are required or 
authorized to formulate, determine, or influence the policies of the 
agency.
    (f) Prohibited Personnel Practices.--Agency heads shall establish 
rules to prohibit the personnel practices prohibited by section 2302(b) 
of title 5, United States Code, with respect to any employee or 
applicant for employment in schedule F of the excepted service.

SEC. 105. DEFINITIONS.

    In this title:
            (1) Agency head.--The term ``agency head'' means the head 
        of an Executive agency.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (3) Executive agency.--The term ``Executive agency'' has 
        the meaning given such term in section 105 of title 5, United 
        States Code, but excluding the Government Accountability 
        Office.
            (4) Normally subject to change as a result of a 
        presidential transition.--The term ``normally subject to change 
        as a result of a Presidential transition'' refers to positions 
        whose occupants are, as a matter of practice, expected to 
        resign upon a Presidential transition, including all positions 
        whose appointment requires the assent of the White House Office 
        of Presidential Personnel.

                           TITLE II--REMOVAL

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Promoting Accountability and 
Streamlining Removal Procedures Consistent with Merit System Principles 
Act''.

SEC. 202. FINDINGS.

    Congress finds the following:
            (1) Federal merit system principles call for holding 
        Federal employees accountable for performance and conduct.
            (2) They state that employees should maintain high 
        standards of integrity, conduct, and concern for the public 
        interest, and that the Federal workforce should be used 
        efficiently and effectively. They further state that employees 
        should be retained based on the adequacy of their performance, 
        inadequate performance should be corrected, and employees 
        should be separated who cannot or will not improve their 
        performance to meet required standards.
            (3) Unfortunately, implementation of America's civil 
        service laws has fallen far short of these ideals.
            (4) The Federal Employee Viewpoint Survey has consistently 
        found that less than one-third of Federal employees believe 
        that the Government deals with poor performers effectively.
            (5) Failure to address unacceptable performance and 
        misconduct undermines morale, burdens good performers with 
        subpar colleagues, and inhibits the ability of any agency to 
        accomplish their missions.
            (6) This title advances the ability of supervisors in 
        agencies to promote civil servant accountability consistent 
        with merit system principles while simultaneously recognizing 
        employees' procedural rights and protections.

SEC. 203. PRINCIPLES FOR ACCOUNTABILITY IN THE FEDERAL WORKFORCE.

    In managing the Federal workforce, and in addition to the other 
requirements of this title, each agency shall, to the greatest extent 
practicable, adhere to and carry out the following principles:
            (1) Removing unacceptable performers should be a 
        straightforward process that minimizes the burden on 
        supervisors. Agencies shall limit opportunity periods to 
        demonstrate acceptable performance under section 4302(c)(6) of 
        title 5, United States Code, to the amount of time that 
        provides sufficient opportunity to demonstrate acceptable 
        performance.
            (2) Supervisors and deciding officials shall not be 
        required to use progressive discipline. The penalty for an 
        instance of misconduct should be tailored to the facts and 
        circumstances.
            (3) Each employee's work performance and disciplinary 
        history is unique, and disciplinary action should be calibrated 
        to the specific facts and circumstances of each individual 
        employee's situation. Conduct that justifies discipline of one 
        employee at one time does not necessarily justify similar 
        discipline of a different employee at a different time--
        particularly where the employees are in different work units or 
        chains of supervision--and agencies are not prohibited from 
        removing an employee simply because they did not remove a 
        different employee for comparable conduct. Nonetheless, 
        employees should be treated equitably, so agencies should 
        consider appropriate comparators as they evaluate potential 
        disciplinary actions.
            (4) Suspension should not be a substitute for removal in 
        circumstances in which removal would be appropriate. Agencies 
        should not require suspension of an employee before proposing 
        to remove that employee, except as may be appropriate under 
        applicable facts.
            (5) When taking disciplinary action, agencies should have 
        discretion to take into account an employee's disciplinary 
        record and past work record, including all past misconduct--not 
        only similar past misconduct. Agencies should provide an 
        employee with appropriate notice when taking a disciplinary 
        action.
            (6) To the extent practicable, agencies should issue 
        decisions on proposed removals taken under chapter 75 of title 
        5, United States Code, within 15 business days of the end of 
        the employee reply period following a notice of proposed 
        removal.
            (7) To the extent practicable, agencies should limit the 
        written notice of adverse action to the 30 days prescribed in 
        section 7513(b)(1) of title 5, United States Code.
            (8) The removal procedures set forth in chapter 75 of title 
        5, United States Code, should be used in appropriate cases to 
        address instances of unacceptable performance.
            (9) A probationary period should be used as the final step 
        in the hiring process of a new employee. Supervisors should use 
        that period to assess how well an employee can perform the 
        duties of a job. A probationary period can be a highly 
        effective tool to evaluate a candidate's potential to be an 
        asset to an agency before the candidate's appointment becomes 
        final.
            (10) Following issuance of regulations under section 208 of 
        this title, agencies should prioritize performance over length 
        of service when determining which employees will be retained 
        following a reduction in force.

SEC. 204. STANDARD FOR NEGOTIATING GRIEVANCE PROCEDURES.

    Whenever reasonable in view of the particular circumstances, agency 
heads shall endeavor to exclude from the application of any grievance 
procedures negotiated under section 7121 of title 5, United States 
Code, any dispute concerning decisions to remove any employee from 
Federal service for misconduct or unacceptable performance. Each agency 
shall commit the time and resources necessary to achieve this goal and 
to fulfill its obligation to bargain in good faith. If an agreement 
cannot be reached, the agency shall promptly request the assistance of 
the Federal Mediation and Conciliation Service and, as necessary, the 
Federal Service Impasses Panel in the resolution of the disagreement. 
Not later than 30 days after the date of adoption of any collective 
bargaining agreement that fails to achieve this goal, the agency head 
shall provide an explanation to the President, through the Director of 
the Office of Personnel Management (in this title referred to as the 
``Director'').

SEC. 205. MANAGING THE FEDERAL WORKFORCE.

    To promote good morale in the Federal workforce, employee 
accountability, and high performance, and to ensure the effective and 
efficient accomplishment of agency missions and the efficiency of the 
Federal service, no agency shall--
            (1) subject to grievance procedures or binding arbitration 
        disputes concerning--
                    (A) the assignment of ratings of record; or
                    (B) the award of any form of incentive pay, 
                including cash awards; quality step increases; or 
                recruitment, retention, or relocation payments;
            (2) make any agreement, including a collective bargaining 
        agreement--
                    (A) that limits the agency's discretion to employ 
                the removal procedures set forth in chapter 75 of title 
                5, United States Code, to address unacceptable 
                performance of an employee;
                    (B) that requires the use of procedures under 
                chapter 43 of title 5, United States Code (including 
                any performance assistance period or similar informal 
                period to demonstrate improved performance prior to the 
                initiation of an opportunity period under section 
                4302(c)(6) of such title), before removing an employee 
                for unacceptable performance; or
                    (C) that limits the agency's discretion to remove 
                an employee from Federal service without first engaging 
                in progressive discipline; or
            (3) generally afford an employee more than a 30-day period 
        to demonstrate acceptable performance under section 4302(c)(6) 
        of title 5, United States Code, except when the agency 
        determines in its sole and exclusive discretion that a longer 
        period is necessary to provide sufficient time to evaluate an 
        employee's performance.

SEC. 206. ENSURING INTEGRITY OF PERSONNEL FILES.

    Agencies shall not agree to erase, remove, alter, or withhold from 
another agency any information about a civilian employee's performance 
or conduct in that employee's official personnel records, including an 
employee's Official Personnel Folder and Employee Performance File, as 
part of, or as a condition to, resolving a formal or informal complaint 
by the employee or settling an administrative challenge to an adverse 
personnel action.

SEC. 207. DATA COLLECTION OF ADVERSE ACTIONS.

    (a) In General.--For fiscal year 2021 and for each fiscal year 
thereafter, each agency shall provide, to the Director, the Committee 
on Oversight and Reform of the House of Representatives, and the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
a report containing information on--
            (1) the number of civilian employees in a probationary 
        period or otherwise employed for a specific term who were 
        removed by the agency;
            (2) the number of civilian employees reprimanded in writing 
        by the agency;
            (3) the number of civilian employees afforded an 
        opportunity period by the agency under section 4302(c)(6) of 
        title 5, United States Code, breaking out the number of such 
        employees receiving an opportunity period longer than 30 days;
            (4) the number of adverse personnel actions taken against 
        civilian employees by the agency, broken down by type of 
        adverse personnel action, including reduction in grade or pay 
        (or equivalent), suspension, and removal;
            (5) the number of decisions on proposed removals by the 
        agency taken under chapter 75 of title 5, United States Code, 
        not issued within 15 business days of the end of the employee 
        reply period;
            (6) the number of adverse personnel actions by the agency 
        for which employees received written notice in excess of the 30 
        days prescribed in section 7513(b)(1) of title 5, United States 
        Code;
            (7) the number and key terms of settlements reached by the 
        agency with civilian employees in cases arising out of adverse 
        personnel actions; and
            (8) the resolutions of litigation about adverse personnel 
        actions involving civilian employees reached by the agency.
    (b) Publication.--To enhance public accountability of agencies for 
their management of the Federal workforce, the Director shall, 
consistent with applicable law, publish the information received under 
subsection (a) of this section, at the minimum level of aggregation 
necessary to protect personal privacy. The Director may withhold 
particular information if publication would unduly risk disclosing 
information protected by law, including personally identifiable 
information.
    (c) Guidance.--Not later than 60 days after the date of enactment 
of this Act, the Director shall issue guidance regarding the 
implementation of this section, including with respect to any 
exemptions necessary for compliance with applicable law and the 
reporting format for submissions required by subsection (a).

SEC. 208. IMPLEMENTATION.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Director shall examine whether existing regulations 
effectuate the principles set forth in section 203 and the requirements 
of sections 204, 205, 206, and 207. To the extent necessary or 
appropriate, the Director shall, as soon as practicable, propose for 
notice and public comment appropriate regulations to effectuate the 
principles set forth in section 203 and the requirements of sections 
204, 205, 206, and 207.
    (b) Revision of Policies.--The head of each agency shall take steps 
to conform internal agency discipline and unacceptable performance 
policies to the principles and requirements of this title. Each agency 
head shall--
            (1) not later than 45 days after the date of enactment of 
        this Act, revise its discipline and unacceptable performance 
        policies to conform to the principles and requirements of this 
        title, in areas where new final Office of Personnel Management 
        regulations are not required, and shall further revise such 
        policies as necessary to conform to any new final Office 
        regulations, within 45 days of the issuance of such 
        regulations; and
            (2) renegotiate, as applicable, any collective bargaining 
        agreement provisions that are inconsistent with any part of 
        this title or any final Office of Personnel Management 
        regulations promulgated pursuant to this title.
    (c) Collective Bargaining.--In carrying out subsection (b)(2), each 
agency shall give any contractually required notice of its intent to 
alter the terms of such agreement and reopen negotiations. Each agency 
shall subsequently conform such terms to the requirements of this 
title, and to any final Office regulations issued pursuant to this 
title, on the earliest practicable date permitted by law.
    (d) Report.--Not later than 15 months after the adoption of any 
final rules issued pursuant to subsection (a) of this section, the 
Director shall submit to the President a report, through the Director 
of the Office of Management and Budget, evaluating the effect of those 
rules, including their effect on the ability of Federal supervisors to 
hold employees accountable for their performance.
    (e) Government-Wide Training.--Within a reasonable amount of time 
following the adoption of any final rules issued pursuant to subsection 
(a), the Director and the Chief Human Capital Officers Council shall 
undertake a Government-wide initiative to educate Federal supervisors 
about holding employees accountable for unacceptable performance or 
misconduct under those rules.

SEC. 209. GENERAL PROVISIONS.

    (a) Consultation Required; Collective Bargaining.--Agencies shall 
consult with employee labor representatives about the implementation of 
this title.
    (b) Application.--Nothing in this title shall abrogate any 
collective bargaining agreement in effect on the date of enactment of 
this title.
    (c) Definition of Agency.--In this title, the term ``agency'' has 
the meaning given the term ``Executive agency'' in section 105 of title 
5, United States Code, but not including the Government Accountability 
Office.

                         TITLE III--UNION TIME

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Ensuring Transparency, 
Accountability, and Efficiency in Taxpayer-Funded Federal Union Time 
Use Act''.

SEC. 302. PURPOSES.

    The purposes of this title are as follows:
            (1) An effective and efficient government keeps careful 
        track of how it spends the taxpayers' money and eliminates 
        unnecessary, inefficient, or unreasonable expenditures. To 
        advance this policy, executive branch employees should spend 
        their duty hours performing the work of the Federal Government 
        and serving the public.
            (2) Federal law allows Federal employees to represent labor 
        organizations and perform other non-agency business while being 
        paid by American taxpayers (taxpayer-funded union time). The 
        Congress, however, has also instructed the executive branch to 
        interpret the law in a manner consistent with the requirements 
        of an effective and efficient government.
            (3) To that end, agencies should ensure that taxpayer-
        funded union time is used efficiently and authorized in amounts 
        that are reasonable, necessary, and in the public interest. 
        Federal employees should spend the clear majority of their duty 
        hours working for the public. No agency should pay for Federal 
        labor organizations' expenses, except where required by law. 
        Agencies should eliminate unrestricted grants of taxpayer-
        funded union time and instead require employees to obtain 
        specific authorization before using such time. Agencies should 
        also monitor use of taxpayer-funded union time, ensure it is 
        used only for authorized purposes, and make information 
        regarding its use readily available to the public.

SEC. 303. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Agency.--Except for purposes of section 305, the term 
        ``agency'' has the meaning given the term in section 7103(a)(3) 
        of title 5, United States Code, but includes only executive 
        agencies. For purposes of section 305, the term ``agency'' has 
        the meaning given the term ``Executive agency'' in section 105 
        of title 5, United States Code, but excludes the Government 
        Accountability Office.
            (2) Agency business.--The term ``agency business'' means 
        work performed by Federal employees, including detailees or 
        assignees, on behalf of an agency, but does not include work 
        performed on taxpayer-funded union time.
            (3) Bargaining unit.--The term ``bargaining unit'' means a 
        group of employees represented by an exclusive representative 
        in an appropriate unit for collective bargaining under 
        subchapter II of chapter 71 of title 5, United States Code.
            (4) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (5) Discounted use of government property.--The term 
        ``discounted use of government property'' means charging less 
        to use government property than the value of the use of such 
        property, as determined by the General Services Administration, 
        where applicable, or otherwise by the generally prevailing 
        commercial cost of using such property.
            (6) Employee.--The term ``employee'' has the meaning given 
        the term in section 7103(a)(2) of title 5, United States Code, 
        except for purposes of section 305, in which case it means an 
        individual employed in an ``Executive agency'' as that term is 
        defined in section 105 of title 5, United States Code, but 
        excluding the Government Accountability Office.
            (7) Grievance.--The term ``grievance'' has the meaning 
        given the term in section 7103(a)(9) of title 5, United States 
        Code.
            (8) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 7103(a)(4) of title 
        5, United States Code.
            (9) Paid time.--The term ``paid time'' means time for which 
        an employee is paid by the Federal Government, including both 
        duty time, in which the employee performs agency business, and 
        taxpayer-funded union time. It does not include time spent on 
        paid or unpaid leave, or an employee's off-duty hours.
            (10) Taxpayer-funded union time.--The term ``taxpayer-
        funded union time'' means official time granted to an employee 
        pursuant to section 7131 of title 5, United States Code.
            (11) Union time rate.--The term ``union time rate'' means 
        the total number of duty hours in the fiscal year that 
        employees in a bargaining unit used for taxpayer-funded union 
        time, divided by the number of employees in such bargaining 
        unit.

SEC. 304. STANDARDS FOR REASONABLE AND EFFICIENT TAXPAYER-FUNDED UNION 
              TIME USAGE.

    (a) In General.--No agency shall agree to authorize any amount of 
taxpayer-funded union time under section 7131(d) of title 5, United 
States Code, unless such time is reasonable, necessary, and in the 
public interest. Notwithstanding such section 7131(d), agreements 
authorizing taxpayer-funded union time that would cause the union time 
rate in a bargaining unit to exceed 1 hour should ordinarily, taking 
into account the size of the bargaining unit, and the amount of 
taxpayer-funded union time anticipated to be granted under sections 
7131(a) and 7131(c) of such title, not be considered reasonable, 
necessary, and in the public interest, or to satisfy the ``effective 
and efficient'' goal set forth in section 302 of this title and section 
7101(b) of such title. Agencies shall commit the time and resources 
necessary to strive for a negotiated union time rate of 1 hour or less, 
and to fulfill their obligation to bargain in good faith.
    (b) Report.--
            (1) In general.--If an agency agrees to authorize amounts 
        of taxpayer-funded union time under section 7131(d) of title 5, 
        United States Code, that would cause the union time rate in a 
        bargaining unit to exceed 1 hour (or proposes to the Federal 
        Service Impasses Panel or an arbitrator engaging in interest 
        arbitration an amount that would cause the union time rate in a 
        bargaining unit to exceed 1 hour), the agency head shall report 
        this agreement or proposal to the President (through the 
        Director of the Office of Personnel Management), the Committee 
        on Oversight and Reform of the House of Representatives, and 
        the Committee on Homeland Security and Governmental Affairs 
        within 15 days of such an agreement or proposal. Such report 
        shall explain why such expenditures are reasonable, necessary, 
        and in the public interest, describe the benefit (if any) the 
        public will receive from the activities conducted by employees 
        on such taxpayer-funded union time, and identify the total cost 
        of such time to the agency. This reporting duty may not be 
        delegated.
            (2) Notification.--Each agency head shall require relevant 
        subordinate agency officials to inform the agency head 5 
        business days in advance of presenting or accepting a proposal 
        that would result in a union time rate of greater than 1 hour 
        for any bargaining unit, if the subordinate agency officials 
        anticipate they will present or agree to such a provision.
            (3) Exception.--The requirements of this subsection shall 
        not apply to a union time rate established pursuant to an order 
        of the Federal Service Impasses Panel or an arbitrator engaging 
        in interest arbitration, provided that the agency had proposed 
        that the Panel or arbitrator establish a union time rate of 1 
        hour or less.
    (c) Application.--Nothing in this section shall be construed to 
prohibit any agency from authorizing taxpayer-funded union time as 
required under sections 7131(a) and 7131(c) of title 5, United States 
Code, or to direct an agency to negotiate to include in a collective 
bargaining agreement a term that precludes an agency from granting 
taxpayer-funded union time pursuant to those provisions.

SEC. 305. EMPLOYEE CONDUCT WITH REGARD TO AGENCY TIME AND RESOURCES.

    (a) In General.--To ensure that Federal resources are used 
effectively and efficiently and in a manner consistent with both the 
public interest and section 309, all employees shall adhere to the 
following requirements:
            (1) Employees may not engage in lobbying activities during 
        paid time, except in their official capacities as an employee.
            (2)(A) Except as provided in subparagraph (B), employees 
        shall spend at least three-quarters of their paid time, 
        measured each fiscal year, performing agency business or 
        attending necessary training (as required by their agency), in 
        order to ensure that they develop and maintain the skills 
        necessary to perform their agency duties efficiently and 
        effectively.
            (B) Employees who have spent one-quarter of their paid time 
        in any fiscal year on non-agency business may continue to use 
        taxpayer-funded union time in that fiscal year for purposes 
        covered by sections 7131(a) or 7131(c) of title 5, United 
        States Code.
            (C) Any time in excess of one-quarter of an employee's paid 
        time used to perform non-agency business in a fiscal year shall 
        count toward the limitation set forth in subparagraph (A) in 
        subsequent fiscal years.
            (3) No employee, when acting on behalf of a Federal labor 
        organization, may be permitted the free or discounted use of 
        government property or any other agency resources if such free 
        or discounted use is not generally available for non-agency 
        business by employees when acting on behalf of non-Federal 
        organizations. Such property and resources include office or 
        meeting space, reserved parking spaces, phones, photocopy 
        machines, computers, and computer systems.
            (4) Employees may not be permitted reimbursement for 
        expenses incurred performing non-agency business, unless 
        required by law or regulation.
            (5)(A) Employees may not use taxpayer-funded union time to 
        prepare or pursue grievances (including arbitration of 
        grievances) brought against an agency under procedures 
        negotiated pursuant to section 7121 of title 5, United States 
        Code, except where such use is otherwise authorized by law or 
        regulation.
            (B) The prohibition in subparagraph (A) does not apply to--
                    (i) an employee using taxpayer-funded union time to 
                prepare for, confer with an exclusive representative 
                regarding, or present a grievance brought on the 
                employee's own behalf; or to appear as a witness in any 
                grievance proceeding; or
                    (ii) an employee using taxpayer-funded union time 
                to challenge an adverse personnel action taken against 
                the employee in retaliation for engaging in federally 
                protected whistleblower activity, including for 
                engaging in activity protected under section 2302(b)(8) 
                of title 5, United States Code, under section 78u-
                6(h)(1) of title 15, United States Code, under section 
                3730(h) of title 31, United States Code, or under any 
                other similar whistleblower law.
    (b) Advance Authorization.--Employees may not use taxpayer-funded 
union time without advance written authorization from their agency, 
except where obtaining prior approval is deemed impracticable under 
regulations or guidance adopted pursuant to subsection (c).
    (c) Administration.--
            (1) In general.--The requirements of this section shall 
        become effective 45 days after the date of enactment of this 
        Act. The Office of Personnel Management shall be responsible 
        for administering the requirements of this section. Not later 
        than 45 days after the date of enactment of this Act, the 
        Director shall examine whether existing regulations are 
        consistent with the rules set forth in this section. If the 
        regulations are not, the Director shall propose for notice and 
        public comment, as soon as practicable, appropriate regulations 
        to clarify and assist agencies in implementing these rules, 
        consistent with applicable law.
            (2) Agency compliance.--The head of each agency is 
        responsible for ensuring compliance by employees within such 
        agency with the requirements of this section. Each agency head 
        shall examine whether existing regulations, policies, and 
        practices are consistent with the rules set forth in this 
        section. If they are not, the agency head shall take all 
        appropriate steps to bring them into compliance with this 
        section as soon as practicable.
    (d) Application.--Nothing in this title shall be construed to 
prohibit agencies from permitting employees to take unpaid leave to 
perform representational activities under chapter 71 of title 5, United 
States Code, including for purposes covered by section 7121(b)(1)(C) of 
such title.

SEC. 306. PREVENTING UNLAWFUL OR UNAUTHORIZED EXPENDITURES.

    (a) In General.--Any employee who uses taxpayer-funded union time 
without advance written agency authorization required by section 
305(b), or for purposes not specifically authorized by the agency, 
shall be considered absent without leave and subject to appropriate 
disciplinary action. Repeated misuse of taxpayer-funded union time may 
constitute serious misconduct that impairs the efficiency of the 
Federal service. In such instances, agencies shall take appropriate 
disciplinary action to address such misconduct.
    (b) Procedure for Authorizing Union Time.--As soon as practicable, 
but not later than 180 days after the date of enactment of this Act, 
each agency shall develop and implement a procedure governing the 
authorization of taxpayer-funded union time under section 305(b). Such 
procedure shall, at a minimum, require a requesting employee to specify 
the number of taxpayer-funded union time hours to be used and the 
specific purposes for which such time will be used, providing 
sufficient detail to identify the tasks the employee will undertake. 
That procedure shall also allow the authorizing official to assess 
whether it is reasonable, necessary, and in the public interest to 
grant such amount of time to accomplish such tasks. For continuing or 
ongoing requests, each agency shall require requests for authorization 
renewals to be submitted not less than once per pay period. Each agency 
shall further require separate advance authorization for any use of 
taxpayer-funded union time in excess of previously authorized hours or 
for purposes for which such time was not previously authorized.
    (c) Monitoring Use of Union Time.--As soon as practicable, but not 
later than 180 days after the date of enactment of this Act, each 
agency shall develop and implement a system to monitor the use of 
taxpayer-funded union time to ensure that it is used only for 
authorized purposes, and that it is not used contrary to law or 
regulation. In developing these systems, each agency shall give special 
attention to ensuring taxpayer-funded union time is not used for--
            (1) internal union business in violation of section 7131(b) 
        of title 5, United States Code;
            (2) lobbying activities in violation of section 1913 of 
        title 18, United States Code, or in violation of section 
        305(a)(1) of this title; or
            (3) political activities in violation of subchapter III of 
        chapter 73 of title 5, United States Code.

SEC. 307. AGENCY REPORTING REQUIREMENTS.

    (a) In General.--Each agency shall submit, by a date as determined 
by the Director, an annual report to the Director, the Committee on 
Oversight and Reform of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs on the following:
            (1) The purposes for which the agency has authorized the 
        use of taxpayer-funded union time, and the amounts of time used 
        for each such purpose.
            (2) The job title and total compensation of each employee 
        who has used taxpayer-funded union time in the fiscal year, as 
        well as the total number of hours each employee spent on these 
        activities and the proportion of each employee's total paid 
        hours that number represents.
            (3) If the agency has allowed labor organizations or 
        individuals on taxpayer-funded union time the free or 
        discounted use of government property, the total value of such 
        free or discounted use.
            (4) Any expenses, including travel or per diem expenses, 
        the agency paid for activities conducted on taxpayer-funded 
        union time.
            (5) The amount of any reimbursement paid by the labor 
        organizations for the use of government property.
    (b) Notification; Report.--
            (1) Notification.--Agencies shall notify the Interagency 
        Labor Relations Working Group (established under title IV of 
        this Act) if a bargaining unit's union time rate exceeds 1 
        hour.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act and annually thereafter, the Director 
        shall submit, to the Committee on Oversight and Reform of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs, a report summarizing the number and 
        contents of notifications received under paragraph (1) during 
        the previous year.
    (c) Explanation.--If an agency's aggregate union time rate (defined 
in this subsection as the average of the union time rates in each 
agency bargaining unit, weighted by the number of employees in each 
unit) has increased overall from the last fiscal year, the agency shall 
explain this increase in the report required under subsection (a).

SEC. 308. PUBLIC DISCLOSURE AND TRANSPARENCY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Director shall publish a standardized form 
that each agency shall use in preparing the reports required by section 
307.
    (b) Analysis.--Not later than June 30 of each year, the Director 
shall analyze the agency submissions under section 307 and publish an 
annual report detailing--
            (1) for each agency and for agencies in the aggregate, the 
        number of employees using taxpayer-funded union time, the 
        number of employees using taxpayer-funded union time separately 
        listed by intervals of the proportion of paid time spent on 
        such activities, the number of hours spent on taxpayer-funded 
        union time, the cost of taxpayer-funded union time (measured by 
        the compensation of the employees involved), the aggregate 
        union time rate, the number of bargaining unit employees, and 
        the percentage change in each of these values from the previous 
        fiscal year;
            (2) for each agency and in the aggregate, the value of the 
        free or discounted use of any government property the agency 
        has provided to labor organizations, and any expenses, such as 
        travel or per diems, the agency paid for activities conducted 
        on taxpayer-funded union time, as well as the amount of any 
        reimbursement paid for such use of government property, and the 
        percentage change in each of these values from the previous 
        fiscal year;
            (3) the purposes for which taxpayer-funded union time was 
        granted; and
            (4) the information required by section 307(a)(2) for 
        employees using taxpayer-funded union time, sufficiently 
        aggregated that such disclosure would not unduly risk 
        disclosing information protected by law, including personally 
        identifiable information.
    (c) Additional Guidance.--The Director shall, after consulting with 
the Chief Human Capital Officers designated under chapter 14 of title 
5, United States Code, promulgate any additional guidance that may be 
necessary or appropriate to assist the heads of agencies in complying 
with the requirements of this title.

SEC. 309. IMPLEMENTATION AND RENEGOTIATION OF COLLECTIVE BARGAINING 
              AGREEMENTS.

    (a) In General.--Each agency shall implement the requirements of 
this title not later than 45 days after the date of enactment of this 
Act, except for section 305(b), which shall be effective for employees 
at an agency when such agency implements the procedure required by 
section 306(b). The head of each agency shall designate an official 
within the agency tasked with ensuring implementation of this title, 
and shall report the identity of such official to the Office of 
Personnel Management not later than 30 days after the date of enactment 
of this Act.
    (b) Consultation.--Each agency shall consult with employee labor 
representatives about the implementation of this title. On the earliest 
date permitted by law, and to effectuate the terms of this title, any 
agency that is party to a collective bargaining agreement that has at 
least one provision that is inconsistent with any part of this title 
shall give any contractually required notice of its intent to alter the 
terms of such agreement and either reopen negotiations and negotiate to 
obtain provisions consistent with this title, or subsequently terminate 
such provision and implement the requirements of this title.
    (c) Application.--Nothing in this title shall abrogate any 
collective bargaining agreement in effect on the date of enactment of 
this title.

            TITLE IV--COST REDUCING IN COLLECTIVE BARGAINING

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Developing Efficient, Effective, 
and Cost-Reducing Approaches to Federal Sector Collective Bargaining 
Act''.

SEC. 402. FINDINGS.

    Congress finds the following:
            (1) Section 7101(b) of title 5, United States Code, 
        requires the Federal Service Labor-Management Relations Statute 
        (in this section referred to as the ``Statute'') to be 
        interpreted in a manner consistent with the requirement of an 
        effective and efficient Government. Unfortunately, 
        implementation of the Statute has fallen short of these goals. 
        CBAs and other agency agreements with collective bargaining 
        representatives often make it harder for agencies to reward 
        high performers, hold low performers accountable, or flexibly 
        respond to operational needs. Many agencies and collective 
        bargaining representatives spend years renegotiating CBAs, with 
        taxpayers paying for both sides' negotiators. Agencies must 
        also engage in prolonged negotiations before making even minor 
        operational changes, like relocating office space.
            (2) The Federal Government must do more to apply the 
        Statute in a manner consistent with effective and efficient 
        Government.
            (3) To fulfill this obligation, agencies should secure CBAs 
        that--
                    (A) promote an effective and efficient means of 
                accomplishing agency missions;
                    (B) encourage the highest levels of employee 
                performance and ethical conduct;
                    (C) ensure employees are accountable for their 
                conduct and performance on the job;
                    (D) expand agency flexibility to address 
                operational needs;
                    (E) reduce the cost of agency operations, including 
                with respect to the use of taxpayer-funded union time;
                    (F) are consistent with applicable laws, rules, and 
                regulations;
                    (G) do not cover matters that are not, by law, 
                subject to bargaining; and
                    (H) preserve management rights under section 
                7106(a) of title 5, United States Code.
            (4) Further, agencies that form part of an effective and 
        efficient Government should not take more than a year to 
        renegotiate CBAs.

SEC. 403. DEFINITIONS.

    For purposes of this title:
            (1) CBA.--The term ``CBA'' means a collective bargaining 
        agreement of a fixed or indefinite duration reached through 
        substantive bargaining, as opposed to--
                    (A) agreements reached through impact and 
                implementation bargaining pursuant to sections 
                7106(b)(2) and 7106(b)(3) of title 5, United States 
                Code; or
                    (B) mid-term agreements, negotiated while the basic 
                comprehensive labor contract is in effect, about 
                subjects not included in such contract.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (3) Taxpayer-funded union time.--The term ``taxpayer-funded 
        union time'' means time granted to a Federal employee to 
        perform non-agency business during duty hours pursuant to 
        section 7131 of title 5, United States Code.

SEC. 404. INTERAGENCY LABOR RELATIONS WORKING GROUP.

    (a) In General.--There is hereby established an Interagency Labor 
Relations Working Group (referred to in this title as the ``Labor 
Relations Group'').
    (b) Organization.--The Labor Relations Group shall consist of--
            (1) the Director of the Office of Personnel Management;
            (2) a representative who is a supervisor or a management 
        official described under section 7103(a)(2)(B)(iii) of title 5, 
        United States Code, from each agency participating in the Labor 
        Relations Group under subsection (d), as determined by the head 
        of such agency in consultation with the Director; and
            (3) any employee who is such a supervisor or a management 
        official within the Office of Personnel Management, as assigned 
        by the Director.
    (c) Chair; Administrative Support.--The Director shall chair the 
Labor Relations Group and, subject to the availability of 
appropriations, provide administrative support for the Labor Relations 
Group.
    (d) Agencies.--
            (1) Participation.--Agencies with at least 1,000 employees 
        represented by a collective bargaining representative pursuant 
        to chapter 71 of title 5, United States Code, shall participate 
        in the Labor Relations Group. Agencies with a smaller number of 
        employees represented by a collective bargaining representative 
        may, at the election of their agency head and with the 
        concurrence of the Director, participate in the Labor Relations 
        Group.
            (2) Support.--Agencies participating in the Labor Relations 
        Group shall provide assistance helpful in carrying out the 
        responsibilities outlined in subsection (e) of this section. 
        Such assistance shall include designating an agency employee to 
        serve as a point of contact with the Office of Personnel 
        Management responsible for providing the Labor Relations Group 
        with sample language for proposals and counterproposals on 
        significant matters proposed for inclusion in CBAs, as well as 
        for analyzing and discussing with the Office of Personnel 
        Management and the Labor Relations Group the effects of 
        significant CBA provisions on agency effectiveness and 
        efficiency. Participating agencies shall provide other 
        assistance as necessary to support the Labor Relations Group in 
        its mission.
    (e) Responsibilities and Functions.--The Labor Relations Group 
shall assist the Director on matters involving labor-management 
relations in the executive branch. Its responsibilities shall include 
the following:
            (1) Gathering information to support agency negotiating 
        efforts, including the submissions required under section 409 
        of this title, and creating an inventory of language on 
        significant subjects of bargaining that have relevance to more 
        than one agency and that have been proposed for inclusion in at 
        least one CBA.
            (2) Developing model ground rules for negotiations that, if 
        implemented, would minimize delay, set reasonable limits for 
        good-faith negotiations, call for the Federal Mediation and 
        Conciliation Service to mediate disputed issues not resolved 
        within a reasonable time, and, as appropriate, promptly bring 
        remaining unresolved issues to the Federal Service Impasses 
        Panel (in this title referred to as the ``Panel'') for 
        resolution.
            (3) Analyzing provisions of CBAs on subjects of bargaining 
        that have relevance to more than one agency, particularly those 
        that may infringe on, or otherwise affect, reserved management 
        rights. Such analysis shall include an assessment of CBA 
        provisions that cover comparable subjects, without infringing, 
        or otherwise affecting, reserved management rights. The 
        analysis shall also assess the consequences of such CBA 
        provisions on Federal effectiveness, efficiency, cost of 
        operations, and employee accountability and performance. The 
        analysis shall take particular note of how certain provisions 
        may impede the policies set forth in section 402 of this title 
        or the orderly implementation of laws, rules, or regulations. 
        The Labor Relations Group may examine general trends and 
        commonalities across CBAs, and their effects on bargaining-unit 
        operations, but need not separately analyze every provision of 
        each CBA in every Federal bargaining unit.
            (4) Sharing information and analysis, including significant 
        proposals and counterproposals offered in bargaining, in order 
        to reduce duplication of efforts and encourage common 
        approaches across agencies, as appropriate.
            (5) Establishing ongoing communications among agencies 
        engaging with the same labor organizations in order to 
        facilitate common solutions to common bargaining initiatives.
            (6) Assisting the Director in developing, where 
        appropriate, Government-wide approaches to bargaining issues 
        that advance the policies set forth in section 402 of this 
        title.
    (f) Report.--Not later than 18 months after the first meeting of 
the Labor Relations Group, the Director, as the Chair of the group, 
shall submit, to the President (through the Office of Management and 
Budget), the Committee on Oversight and Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate, a report proposing recommendations 
for meeting the goals set forth in section 402 of this title and for 
improving the organization, structure, and functioning of labor 
relations programs across agencies.

SEC. 405. COLLECTIVE BARGAINING OBJECTIVES.

    (a) In General.--The head of each agency that engages in collective 
bargaining under chapter 71 of title 5, United States Code, shall 
direct appropriate officials within each agency to prepare a report on 
all operative CBAs at least 1 year before their expiration or renewal 
date. The report shall recommend new or revised CBA language the agency 
could seek to include in a renegotiated agreement that would better 
support the objectives of section 402 of this title. The officials 
preparing the report shall consider the analysis and advice of the 
Labor Relations Group in making recommendations for revisions. These 
reports shall be deemed guidance and advice for agency management 
related to collective bargaining under section 7114(b)(4)(C) of title 
5, United States Code, and thus not subject to disclosure to the 
exclusive representative or its authorized representative.
    (b) CBA Negotiation Requirements.--Consistent with the requirements 
and provisions of chapter 71 of title 5, United States Code, and other 
applicable laws and regulations, an agency, when negotiating with a 
collective bargaining representative, shall--
            (1) establish collective bargaining objectives that advance 
        the policies of section 402 of this title, with such objectives 
        informed, as appropriate, by the reports required by subsection 
        (a) of this section;
            (2) consider the analysis and advice of the Labor Relations 
        Group in establishing these collective bargaining objectives 
        and when evaluating collective bargaining representative 
        proposals;
            (3) make every effort to secure a CBA that meets these 
        objectives; and
            (4) ensure management and supervisor participation in the 
        negotiating team representing the agency.

SEC. 406. COLLECTIVE BARGAINING PROCEDURES.

    (a) In General.--To achieve the purposes of this title, agencies 
shall begin collective bargaining negotiations by making their best 
effort to negotiate ground rules that minimize delay, set reasonable 
time limits for good-faith negotiations, call for Federal Mediation and 
Conciliation Service mediation of disputed issues not resolved within 
those time limits, and, as appropriate, promptly bring remaining 
unresolved issues to the Panel for resolution. For collective 
bargaining negotiations, a negotiating period of six weeks or less to 
achieve ground rules, and a negotiating period of between four and six 
months for a CBA under those ground rules, shall ordinarily be 
considered reasonable and to satisfy the goal set forth in section 
402(3)(A) of this title. Agencies shall commit the time and resources 
necessary to satisfy these temporal objectives and to fulfill their 
obligation to bargain in good faith. Any negotiations to establish 
ground rules that do not conclude after a reasonable period shall be 
expeditiously advanced to mediation and, as necessary, to the Panel.
    (b) Negotiations Deadlines.--During any collective bargaining 
negotiations under chapter 71 of title 5, United States Code, and 
consistent with section 7114(b) of that chapter, the agency shall 
negotiate in good faith to reach agreement on a CBA, memorandum of 
understanding, or any other type of binding agreement that promotes the 
policies outlined in section 402 of this title. If such negotiations 
last longer than the period established by the CBA ground rules--or, 
absent a preset deadline, a reasonable time--the agency shall consider 
whether requesting assistance from the Federal Mediation and 
Conciliation Service and, as appropriate, the Panel, would better 
promote effective and efficient Government than would continuing 
negotiations. Such consideration should evaluate the likelihood that 
continuing negotiations without Federal Mediation and Conciliation 
Service assistance or referral to the Panel would produce an agreement 
consistent with the goals of section 402 of this title, as well as the 
cost to the public of continuing to pay for both agency and collective 
bargaining representative negotiating teams. Upon the conclusion of the 
sixth month of any negotiation, the agency head shall receive notice 
from appropriate agency staff and shall receive monthly notifications 
thereafter regarding the status of negotiations until they are 
complete. The agency head shall notify the President through the Office 
of Personnel Management of any negotiations that have lasted longer 
than nine months, in which the assistance of the Federal Mediation and 
Conciliation Service either has not been requested or, if requested, 
has not resulted in agreement or advancement to the Panel.
    (c) Failure To Negotiate in Good Faith.--If the commencement or any 
other stage of bargaining is delayed or impeded because of a collective 
bargaining representative's failure to comply with the duty to 
negotiate in good faith pursuant to section 7114(b) of title 5, United 
States Code, the agency shall consider whether to--
            (1) file an unfair labor practice complaint under section 
        7118 of title 5, United States Code, after considering evidence 
        of bad-faith negotiating, including refusal to meet to bargain, 
        refusal to meet as frequently as necessary, refusal to submit 
        proposals or counterproposals, undue delays in bargaining, 
        undue delays in submission of proposals or counterproposals, 
        inadequate preparation for bargaining, and other conduct that 
        constitutes bad-faith negotiating; or
            (2) propose a new contract, memorandum, or other change in 
        agency policy and implement that proposal if the collective 
        bargaining representative does not offer counterproposals in a 
        timely manner.
    (d) No Delay for Unfair Labor Practice Complaint.--An agency's 
filing of an unfair labor practice complaint under section 7118 of 
title 5, United States Code, against a collective bargaining 
representative shall not further delay negotiations. Agencies shall 
negotiate in good faith or request assistance from the Federal 
Mediation and Conciliation Service and, as appropriate, the Panel, 
while such an unfair labor practice complaint is pending.
    (e) Written Proposal Exchange.--In developing proposed ground 
rules, and during any negotiations, agency negotiators shall request 
the exchange of written proposals, so as to facilitate resolution of 
negotiability issues and assess the likely effects of specific 
proposals on agency operations and management rights. To the extent 
that an agency's CBAs, ground rules, or other agreements contain 
requirements for a bargaining approach other than the exchange of 
written proposals addressing specific issues, the agency shall, at the 
soonest opportunity, take steps to eliminate them. If such requirements 
are based on now-revoked Executive orders, including Executive Order 
12871 (58 Fed. Reg. 52201; relating to Labor-Management Partnerships) 
and Executive Order 13522 (74 Fed. Reg. 66203; relating to Creating 
Labor-Management Forums to Improve Delivery of Government Services), 
agencies shall take action to rescind these requirements.
    (f) Agreement Review.--Pursuant to section 7114(c)(2) of title 5, 
United States Code, the agency head shall review all binding agreements 
with collective bargaining representatives to ensure that all their 
provisions are consistent with all applicable laws, rules, and 
regulations. When conducting this review, the agency head shall 
ascertain whether the agreement contains any provisions concerning 
subjects that are non-negotiable, including provisions that violate 
Government-wide requirements set forth in any applicable law, rule, or 
regulation. If an agreement contains any such provisions, the agency 
head shall disapprove such provisions. The agency head shall take all 
practicable steps to render the determinations required by this 
subsection within 30 days of the date the agreement is executed, in 
accordance with section 7114(c) of title 5, United States Code, so as 
not to permit any part of an agreement to become effective that is 
contrary to applicable law, rule, or regulation.

SEC. 407. PERMISSIVE BARGAINING.

    The heads of agencies subject to the provisions of chapter 71 of 
title 5, United States Code, may not negotiate over the substance of 
the subjects set forth in section 7106(b)(1) of title 5, United States 
Code, and shall instruct subordinate officials that they may not 
negotiate over those same subjects.

SEC. 408. EFFICIENT BARGAINING OVER PROCEDURES AND APPROPRIATE 
              ARRANGEMENTS.

    (a) Matters Covered by Existing Agreements.--Before beginning 
negotiations during a CBA over matters addressed by sections 7106(b)(2) 
or 7106(b)(3) of title 5, United States Code, agencies shall evaluate 
whether or not such matters are already covered by the CBA and 
therefore are not subject to the duty to bargain. If such matters are 
already covered by a CBA, the agency shall not bargain over such 
matters.
    (b) Permissible Bargaining.--Consistent with section 402 of this 
title, agencies that engage in bargaining over procedures pursuant to 
section 7106(b)(2) of title 5, United States Code, shall, consistent 
with their obligation to negotiate in good faith, bargain over only 
those items that constitute procedures associated with the exercise of 
management rights, which do not include measures that excessively 
interfere with the exercise of such rights. Likewise, consistent with 
section 402 of this title, agencies that engage in bargaining over 
appropriate arrangements pursuant to section 7106(b)(3) of title 5, 
United States Code, shall, consistent with their obligation to 
negotiate in good faith, bargain over only those items that constitute 
appropriate arrangements for employees adversely affected by the 
exercise of management rights. In such negotiations, agencies shall 
ensure that a resulting appropriate arrangement does not excessively 
interfere with the exercise of management rights.

SEC. 409. PUBLIC ACCESSIBILITY.

    (a) Report CBAs.--Each agency subject to chapter 71 of title 5, 
United States Code, that engages in any negotiation with a collective 
bargaining representative, as defined therein, shall submit to the 
Director each CBA currently in effect and its expiration date. Such 
agency shall also submit any new CBA and its expiration date to the 
Director within 30 days of its effective date, and submit new arbitral 
awards to the Director within 10 business days of receipt. The Director 
shall make each CBA publicly accessible on the internet as soon as 
practicable.
    (b) CBA Report Format.--Within 90 days of the date of enactment of 
this Act, the Director shall prescribe a reporting format for 
submissions required by subsection (a) of this section. Within 30 days 
of the Director's having prescribed the reporting format, agencies 
shall use this reporting format and make the submissions required under 
subsection (a) of this section.

SEC. 410. LACK OF REPORT.

    The failure to produce a report for the agency head prior to the 
termination or renewal of a CBA under section 405(a) shall not prevent 
an agency from opening a CBA for renegotiation.

SEC. 411. APPLICATION.

    Nothing in this title shall abrogate any collective bargaining 
agreement in effect on the date of enactment of this title.
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