[Congressional Record Volume 148, Number 50 (Monday, April 29, 2002)]
[Senate]
[Pages S3506-S3507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THURMOND:
  S. 2383. A bill to amend chapter 71 of title 5, United States Code, 
to establish certain limitations relating to the use of official time 
by Federal employees, and for other purposes; to the Committee on 
Governmental Affairs.
  Mr. THURMOND. Mr. President, I rise today to introduce the Workplace 
Integrity Act of 2002, a bill that would monitor and greatly restrict 
the time spent by Federal employees on union-related activities. 
Federal spending on union activities is spiraling out of control, and 
this legislation, if enacted into law, would send a message to the 
American people that Congress is committed to curbing wasteful 
practices in our government. I think that my colleagues on both sides 
of the aisle would agree that we have a duty to ensure that limited 
monies are used both reasonably and efficiently.
  One area of labor-related spending that should be closely examined is 
the use of official time. Official time is paid time when Federal 
employees represent union employees and bargaining units. Federal 
employees may use official time to take part in activities such as 
employee-initiated grievance procedures and union-initiated 
representational duties. Surprisingly, there are few limits on the use 
of official time. If costs associated with this practice are not 
contained, these expenditures will become exorbitant drains on the 
Federal treasury. Congress should make the fiscally responsible 
decision to impose sensible limitations on this practice.
  Although significant resources are spent on union activities in the 
Federal Government each year, current costs are unknown. Limited 
studies indicate that the costs are high. In 1998, the Office of 
Personnel Management issued a report that tallied the costs associated 
with union activity in the Federal Government. The report found that 
during the first six months of calendar year 1998, official time 
totaled 2,171,774 hours, and its cost had a dollar value of 
$48,110,284. An astounding 23,965 Federal employees used official time, 
and 946 employees spent an alarming 100 percent of their time 
performing union-related activities. The report also found that 912 
employees spent between 75 percent and 100 percent of their work hours 
on official time, and 1,152 employees spent between 50 percent and 75 
percent on official time. The Department of the Treasury alone spent 
over $9 million on official time during this six-month time period. 
Based on the amount spent in six months, it is not unreasonable to 
expect that Treasury spent over $18 million during the entire 1998 
calendar year. This report demonstrates that large sums are being spent 
on union activity, and I feel strongly that Congress should insist on a 
regular accounting of these costs.
  Additionally, other studies indicate that union-related costs are not 
only high, but are increasing. In 1996, the General Accounting Office 
issued a report on the costs of labor-related activities at the Social 
Security Administration. The report found a steady growth in costs at 
the SSA during the 1990s. From calendar year 1990 to 1995, the amount 
of time spent on union activities at SSA increased from 254,000 hours 
to 413,000 hours, at a cost increase of over $6 million. In Fiscal Year 
1995 alone, the cost attributed to official time was $12.6 million, the 
equivalent of the salaries and expenses of approximately 200 employees. 
More recently, the Commissioner of Social Security reported that the 
total expenses of labor activities in Fiscal Year 2000 was $13.5 
million, an increase of $1.1 million over the Fiscal Year 1999 level.
  These increasing costs are not limited to the Social Security 
Administration. A 1996 hearing of the Civil Service Subcommittee of the 
House Government Reform and Oversight Committee revealed that the use 
of official time at the Internal Revenue Service increased 27 percent 
from 1992 to 1996. At the U.S. Customs Service, the rising cost of 
union activity was more dramatic. The amount spent on official time 
increased from $470,000 in 1993 to more than $1 million in 1996, a jump 
of 119 percent. I am particularly concerned about these reports of 
rapidly expanding costs.

  Despite the high and increasing costs, we do not presently know the 
total amount spent by the Federal

[[Page S3507]]

Government on official time. We can estimate based on incomplete data, 
but we do not regularly gather information that would enable us to know 
the true costs and spending trends. This is unacceptable.
  Furthermore, we do not even know the true costs at the Social 
Security Administration, the one agency where the use of official time 
has been thoroughly studied. The GAO report on union activity at the 
SSA found that the reporting system did not track effectively the 
number of union representatives charging time to union activities or 
the actual time spent. A subsequent report issued in 1998 by the SSA 
Inspector General also called into question the reliability of the data 
collected by SSA's reporting system. The Inspector General's report 
concluded that almost half of the SSA managers who were surveyed 
indicated that the system for supervising official time spent by 
employees on union activities was either somewhat ineffective or very 
ineffective. These findings demonstrate that Congress must do a better 
job of monitoring the costs associated with labor-related activities in 
the Federal government.
  My bill would accomplish two important objectives. First, this 
legislation would require the collection of data on the amount of money 
spent on official time in the entire Federal Government. By requiring 
the collection of data associated with official time, Congress will 
have the information necessary to control costs in the future. Second, 
my bill would help ensure that Federal funds are spent wisely and 
judiciously. This legislation would limit a Federal employee's use of 
official time to 25 percent of the employee's total hours worked. I 
believe that this limitation is entirely reasonable. It would allow 
Federal employees to spend up to a quarter of their time on union-
related activities and would also protect American taxpayers from ever-
increasing costs.
  During a period of fiscal discipline, we should seek to know the true 
costs of any activities supported by the American taxpayers. I 
encourage my colleagues to support my effort to place reasonable 
limitations on the taxpayer financing of union-related activities. By 
bringing the true costs to light and by seeking to restrain these 
escalating expenses, Congress will responsibly exercise its power of 
the purse. Furthermore, this bill would send a message to American 
taxpayers that their hard-earned dollars will not be spent in an 
uncontrolled and wasteful manner. To turn a blind eye to costs would be 
an abdication of our duty to the American people.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2383

       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 ``Workplace Integrity Act of 
     2002''.

     SEC. 2. LIMITATIONS RELATING TO THE USE OF OFFICIAL TIME BY 
                   FEDERAL EMPLOYEES.

       Section 7131 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 7131. Official time

       ``(a) Official time may only be granted to an employee 
     representing an exclusive representative to allow such 
     employee to--
       ``(1) present or process a grievance on behalf of another 
     employee in a unit represented by the exclusive 
     representative;
       ``(2) be present during a grievance proceeding involving an 
     employee in a unit represented by the exclusive 
     representative;
       ``(3) negotiate a collective bargaining agreement under 
     this chapter; or
       ``(4) take part in any proceedings approved by the agency.
       ``(b) Official time may only be granted to an employee 
     represented by an exclusive representative (in a circumstance 
     not covered by subsection (a)) to allow such employee to--
       ``(1) present a grievance on the employee's own behalf 
     under a negotiated grievance procedure; or
       ``(2) take part in any proceedings approved by the agency.
       ``(c) Notwithstanding subsections (a) and (b), official 
     time may not be granted to any employee for activities 
     relating to the internal business of a labor organization 
     (including the solicitation of membership, elections of labor 
     organization officials, or collection of dues).
       ``(d) Official time under subsections (a) and (b) may be 
     granted in any amount that the agency and the exclusive 
     representative involved agree to be reasonable, necessary, 
     and in the public interest, but only to the extent that, with 
     respect to any employee, the total amount of official time 
     granted to such employee for use during the calendar year 
     does not exceed 25 percent of the total amount of time the 
     employee would otherwise be in duty status during the same 
     period.
       ``(e)(1) Not later than April 1 of each year, the Office of 
     Personnel Management shall submit to the President and each 
     House of Congress a report on the use of official time under 
     this section. The report shall apply with respect to the 
     calendar year preceding the submission date.
       ``(2) Each report under this subsection shall include, in 
     the aggregate and by each agency--
       ``(A) the total number of employees to whom official time 
     was granted under this section;
       ``(B) the total number of employee-hours of official time 
     granted under this section;
       ``(C) the total costs attributable to official time granted 
     under this section; and
       ``(D) the total number of each activity (as categorized by 
     the Office) for which official time was granted under this 
     section.
       ``(3) Agencies shall submit to the Office such data as the 
     Office may by regulation require in connection with any 
     report under this subsection.''.

     SEC. 3. EFFECTIVE DATE.

       The amendment made by this Act shall take effect on the 
     date of enactment of this Act, except that the first report 
     under section 7131(e) of title 5, United States Code (as 
     added by this Act) shall be submitted on the first April 1, 
     following the date occurring 6 months after the date of 
     enactment of this Act.
                                 ______