[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9594 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 9594

  To amend chapter 71 of title 5, United States Code, to charge labor 
 organizations for the agency resources and employee time used by such 
              labor organizations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2024

  Mr. Perry introduced the following bill; which was referred to the 
               Committee on Oversight and Accountability

_______________________________________________________________________

                                 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''.

SEC. 2. CHARGING LABOR ORGANIZATIONS FOR USE OF FEDERAL RESOURCES.

    (a) In General.--Chapter 71 of title 5, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7136. Charging labor organizations for use of Federal resources
    ``(a) Fees for Use of Agency Resources.--
            ``(1) In general.--Notwithstanding any other provision of 
        this chapter, the head of each agency shall charge each labor 
        organization recognized as an exclusive representative of 
        employees of such agency a fee each calendar quarter for the 
        use of the resources of such agency during such quarter.
            ``(2) Fee calculation.--The amount of the fee the head of 
        an agency charges a labor organization under paragraph (1) with 
        respect to a calendar quarter shall be equal to the amount that 
        is the sum of--
                    ``(A) the value of the union time of each labor 
                representative for such labor organization while 
                employed by such agency in such quarter; and
                    ``(B) the value of agency resources provided for 
                union use to such labor organization by such agency in 
                such quarter.
            ``(3) Timing.--
                    ``(A) Notice.--Not later than 30 days after the end 
                of each calendar quarter, the head of each agency shall 
                submit to each labor organization charged a fee by such 
                head under paragraph (1) with respect to such calendar 
                quarter a notice stating the amount of such fee.
                    ``(B) Due date.--Payment of a fee charged under 
                paragraph (1) is due not later than 60 days after the 
                date on which the labor organization charged such fee 
                receives a notice under paragraph (A) with respect to 
                such fee.
            ``(4) Payment.--
                    ``(A) In general.--Payment of a fee charged under 
                paragraph (1) shall be made to the head of the agency 
                that charged such fee.
                    ``(B) Transfer to general fund.--The head of an 
                agency shall transfer each payment of a fee charged 
                under paragraph (1) that such head receives to the 
                general fund of the Treasury.
    ``(b) Value Determinations.--
            ``(1) In general.--The head of an agency charging a labor 
        organization a fee under subsection (a) shall determine the 
        value of union time used by labor representatives and the value 
        of agency resources provided for union use for the purposes of 
        paragraph (2) of such subsection in accordance with this 
        subsection.
            ``(2) Values.--For the purposes of paragraph (2) of 
        subsection (a), with respect to a fee charged to a labor 
        organization by the head of an agency under paragraph (1) of 
        such subsection--
                    ``(A) the value of the union time of a labor 
                representative during a calendar quarter is equal to 
                amount that is the product of the hourly rate of pay of 
                such labor representative paid by such agency and the 
                number of hours of union time of such labor 
                representative during such calendar quarter during 
                which such labor representative was on duty as an 
                employee of such agency; and
                    ``(B) such head of such agency shall determine the 
                value of agency resources provided for union use during 
                a calendar quarter using rates established by the 
                General Services Administration, where applicable, or 
                to the extent that such rates are inapplicable to such 
                the use of such resources, the market rate for the use 
                of such resources, except that with respect to 
                resources used for both agency business and for 
                purposes pertaining to matters covered by this chapter, 
                only the value of the portion of the use of such 
                resources for the business of such labor organization 
                shall be included.
            ``(3) Determinations not subject to review.--No 
        determination of the head of an agency described in paragraph 
        (1) may be determined to be an unfair labor practice or subject 
        to collective bargaining or grievance procedures under this 
        chapter, or otherwise contested or appealed.
    ``(c) Enforcement and Penalties.--
            ``(1) Penalties.--
                    ``(A) In general.--If a labor organization does not 
                pay a fee charged to such labor organization under 
                subsection (a)(1) on or before the date on which 
                payment for such fee becomes due, during the period 
                beginning on the date on which such payment becomes due 
                and ending on the date on which every fee charged to 
                such labor organization under such subsection is fully 
                paid--
                            ``(i) the amount of such fee shall be 
                        increased at a rate equal to the interest rate;
                            ``(ii) the head of each agency shall--
                                    ``(I) beginning on the date that is 
                                90 days after the date on which such 
                                period begins--
                                            ``(aa) deny such labor 
                                        organization and the labor 
                                        representatives for such labor 
                                        organization any further union 
                                        time;
                                            ``(bb) cease providing and 
                                        the deny further use of agency 
                                        resources provided for union 
                                        use by such labor 
                                        representatives for the 
                                        business of such labor 
                                        organization; and
                                            ``(cc) not be subject to--

                                                    ``(AA) any 
                                                grievance procedures or 
                                                binding arbitration 
                                                invoked by such labor 
                                                organization under 
                                                section 7121; or

                                                    ``(BB) any unfair 
                                                labor practice 
                                                complaints or 
                                                proceedings under this 
                                                chapter pertaining to 
                                                such labor organization 
                                                or employees 
                                                represented by such 
                                                labor organization; and

                                    ``(II) beginning on the date that 
                                is 180 days after the date on which 
                                such period begins--
                                            ``(aa) terminate all 
                                        allotments made by or on behalf 
                                        of the agency with respect to 
                                        such labor organization under 
                                        section 7115; and
                                            ``(bb) not authorize any 
                                        such allotments with respect to 
                                        such labor organization; and
                                    ``(III) on the date that is 365 
                                days after the date on which such 
                                period begins, inform the Authority and 
                                such labor organization that such 
                                period has reached a duration of 365 
                                days; and
                            ``(iii) on the date that is 380 days after 
                        the date on which such period begins, the 
                        Authority shall terminate the certification of 
                        such labor organization as the exclusive 
                        representative of employees of such agency.
                    ``(B) Exclusive representative prohibition.--A 
                labor organization for which the Authority terminates a 
                certification as the exclusive representatives of 
                employees of an agency under subparagraph (A)(iii) may 
                not be certified as the exclusive representative of any 
                employee of such agency unless such labor organization 
                pays all fees charged to such labor organization by the 
                head of such agency under subsection (a)(1), including 
                any increases to such fees under subparagraph (A)(i).
                    ``(C) Rule of construction.--Subparagraph 
                (A)(ii)(I)(cc) may not be construed as--
                            ``(i) tolling any statutory or contractual 
                        deadline for the filing of a grievance, 
                        complaint of an unfair labor practice, or 
                        proceeding to binding arbitration; or
                            ``(ii) preventing or limiting an agency 
                        from filing any grievance against a labor 
                        organization or advancing such grievances to 
                        binding arbitration.
            ``(2) Time tracking.--
                    ``(A) In general.--Each agency shall track the use 
                of union time by labor representatives using the 
                applicable time and attendance tracking system of such 
                agency.
                    ``(B) Failure to record.--
                            ``(i) In general.--A labor representative 
                        who uses union time and fails to record such 
                        use in the applicable time and attendance 
                        tracking system shall be considered absent 
                        without leave and subject to appropriate 
                        adverse action.
                            ``(ii) Willful or repeated failures.--A 
                        failure of a labor representative described in 
                        clause (i) shall constitute an impairment to 
                        the efficient of the service if such failure is 
                        willful or occurs in the same fiscal year as 
                        another such failure by such labor 
                        representative.
                            ``(iii) Limited review.--Adverse action 
                        take against an employee under clause (i)--
                                    ``(I) may not be determined to be 
                                an unfair labor practice or subject to 
                                grievance procedures or binding 
                                arbitration under section 7121; and
                                    ``(II) notwithstanding any other 
                                provision of law, shall be sustained on 
                                appeal if the determination of the 
                                agency to take such adverse action 
                                against such employee is supported by 
                                substantial evidence.
            ``(3) Payment required.--The head of an agency may not 
        forgive, reimburse, waive, or in any other manner reduce any 
        fee charged under this section.
            ``(4) Compliance.--Not later than two years after the date 
        of the enactment of this section, and every two years 
        thereafter, the Inspector General of each agency shall--
                    ``(A) conduct an evaluation of the compliance of 
                such agency and each relevant labor organization with 
                the requirements of this section, including the 
                accuracy with which labor representatives recorded the 
                use of union time, the promptness with which fees under 
                subsection (a) were charged and paid, and the valuation 
                of agency resources provided for union use by such 
                agency pursuant to subsection (b)(2)(B); and
                    ``(B) submit to the head of such agency, the 
                Committee on Oversight and Accountability of the House 
                of Representatives, and the Committee on Homeland 
                Security and Governmental Affairs of the Senate a 
                report on the findings of the evaluation required by 
                subparagraph (A).
    ``(d) Definitions.--In this section:
            ``(1) Agency business.--The term `agency business' means 
        work performed by employees on behalf of an agency, or under 
        the direction and control of the agency.
            ``(2) Agency resources provided for union use.--The term 
        `agency resources provided for union use' means the resources 
        of an agency, other than the time of employees in a duty 
        status, that such agency provides to labor representatives for 
        purposes pertaining to matters covered by this chapter, 
        including agency office space, parking space, equipment, and 
        reimbursement for expenses incurred while on union time or 
        otherwise performing non-agency business, except that this term 
        does not include any resource to the extent that such resource 
        is used for agency business.
            ``(3) Labor organization.--The term `labor organization' 
        means a labor organization recognized as an exclusive 
        representative of employees of an agency under this chapter or 
        as a representative of agency employees under any system 
        established by the Transportation Security Administration 
        Administrator pursuant to section 111(d) of the Aviation and 
        Transportation Security Act (49 U.S.C. 44935 note).
            ``(4) Hourly rate of pay.--The term `hourly rate of pay' 
        means the total cost to an agency of employing an employee in a 
        pay period or pay periods, including wages, salary, and other 
        cash payments, agency contributions to employee health and 
        retirement benefits, employer payroll tax payments, paid leave 
        accruals, and the cost to the agency for other benefits, 
        divided by the number of hours such employee worked in such pay 
        period or pay periods.
            ``(5) Interest rate.--The term `interest rate' means the 
        average market yield of outstanding marketable obligations of 
        the United States having maturities of 30 years plus one 
        percentage point.
            ``(6) Labor representative.--The term `labor 
        representative' means an employee of an agency serving in any 
        official or other representative capacity for a labor 
        organization (including as any officer or steward of a labor 
        organization) that is the exclusive representative of employees 
        of such agency under this chapter or is the representative of 
        employees under any system established by the Transportation 
        Security Administration Administrator pursuant to section 
        111(d) of the Aviation and Transportation Security Act (49 
        U.S.C. 44935 note).
            ``(7) Union time.--The term `union time' means the time an 
        employee of an agency who is a labor representative for a labor 
        organization spends performing non-agency business while on 
        duty, either in service of such labor organization or otherwise 
        acting in the capacity as an employee representative, including 
        official time authorized under section 7131.''.
    (b) Clerical Amendment.--The table of sections for chapter 71 of 
title 5, United States Code, is amended by adding at the end the 
following new item:

``7136. Charging labor organizations for use of Federal resources.''.
                                 <all>