[House Report 114-484]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     114-484

======================================================================
 
  TO AMEND TITLE 5, UNITED STATES CODE, TO REQUIRE THAT THE OFFICE OF 
 PERSONNEL MANAGEMENT SUBMIT AN ANNUAL REPORT TO CONGRESS RELATING TO 
             THE USE OF OFFICIAL TIME BY FEDERAL EMPLOYEES

                                _______
                                

 April 12, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4392]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 4392) to amend title 5, United 
States Code, to require that the Office of Personnel Management 
submit an annual report to Congress relating to the use of 
official time by Federal employees, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     4
Explanation of Amendments........................................     4
Committee Consideration..........................................     5
Roll Call Votes..................................................     5
Application of Law to the Legislative Branch.....................     5
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     5
Statement of General Performance Goals and Objectives............     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Advisory Committee Act...................................     5
Unfunded Mandate Statement.......................................     6
Earmark Identification...........................................     6
Committee Estimate...............................................     6
Budget Authority and Congressional Budget Office Cost Estimate...     6
Changes in Existing Law Made by the Bill, as Reported............     7
Additional Views.................................................     9

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. REPORTING REQUIREMENT.

  (a) In General.--Section 7131 of title 5, United States Code, is 
amended by adding at the end the following:
  ``(e)(1)(A) Not later than March 31 of each calendar year, the Office 
of Personnel Management, in consultation with the Office of Management 
and Budget, shall submit to each House of Congress a report on the 
operation of this section during the fiscal year last ending before the 
start of such calendar year.
  ``(B) Not later than December 31 of each calendar year, each agency 
(as defined by section 7103(a)(3)) shall furnish to the Office of 
Personnel Management the information which such Office requires, with 
respect to such agency, for purposes of the report which is next due 
under subparagraph (A).
  ``(2) Each report by the Office of Personnel Management under this 
subsection shall include, with respect to the fiscal year described in 
paragraph (1)(A), at least the following information:
          ``(A) The total amount of official time granted to employees.
          ``(B) The average amount of official time expended per 
        bargaining unit employee.
          ``(C) The specific types of activities or purposes for which 
        official time was granted, and the impact which the granting of 
        such official time for such activities or purposes had on 
        agency operations.
          ``(D) The total number of employees to whom official time was 
        granted, and, of that total, the number who were not engaged in 
        any activities or purposes except activities or purposes 
        involving the use of official time.
          ``(E) The total amount of compensation (including fringe 
        benefits) afforded to employees in connection with activities 
        or purposes for which they were granted official time.
          ``(F) A description of any room or space designated at the 
        agency (or its subcomponent) where official time activities 
        will be conducted, including the square footage of any such 
        room or space.
  ``(3) All information included in a report by the Office of Personnel 
Management under this subsection with respect to a fiscal year--
          ``(A) shall be shown both agency-by-agency and for all 
        agencies; and
          ``(B) shall be accompanied by the corresponding information 
        (submitted by the Office in its report under this subsection) 
        for the fiscal year before the fiscal year to which such report 
        pertains, together with appropriate comparisons and analyses.
  ``(4) For purposes of this subsection, the term `official time' means 
any period of time, regardless of agency nomenclature--
          ``(A) which may be granted to an employee under this chapter 
        (including a collective bargaining agreement entered into under 
        this chapter) to perform representational or consultative 
        functions; and
          ``(B) during which the employee would otherwise be in a duty 
        status.''.
  (b) Applicability.--The amendment made by subsection (a) shall be 
effective beginning with the report which, under the provisions of such 
amendment, is first required to be submitted by the Office of Personnel 
Management to each House of Congress by a date which occurs at least 6 
months after the date of the enactment of this Act.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 4392 amends title 5 to require the Office of Personnel 
Management (OPM), in consultation with the Office of Management 
and Budget (OMB), to submit an annual report to Congress 
relating to the use of ``official time'' by federal employees.

                  BACKGROUND AND NEED FOR LEGISLATION

    Section 7131 of title 5, United States Code, defines and 
authorizes official time for unions representing federal 
employees. Official time, broadly defined, is paid time off 
from assigned government duties to represent a union or its 
bargaining unit employees, and in lieu of the employee's 
regularly assigned work. Federal employees on official time are 
treated as if they are in duty status when they are engaging in 
representational activities. While current law permits the use 
of official time for union representational activities of the 
federal government, there are no requirements for agencies to 
report use of official time by federal employees. The Office of 
Personnel Management (OPM) has provided limited reporting on 
this topic, and this reporting is often untimely and 
intermittent.
    In one example, OPM only released official time data for 
fiscal year (FY) 2011 in February 2013, but only after pressure 
in a January 14, 2013 letter from the Committee to OPM. 
Moreover, the most recent report from OPM was issued in October 
2014 and only provides official time data for FY2012. The 
FY2012 data reveals that unions at 62 agencies represented more 
than 1.2 million non-postal bargaining unit employees. This 
represented an increase of approximately 1.65 percent or 19,804 
bargaining unit employees when compared to the data from 
FY2011. The most recent report also shows that bargaining unit 
employees spent 3.4 million total official time hours during 
FY2012, a 1.3 percent increase when compared to FY2011. 
Finally, the most recent report shows that the federal 
government charged the taxpayer $157 million for official time 
hours in salaries and benefits FY 2012.
    To provide more transparent information to the taxpayer on 
how money is spent on official time, H.R. 4392 requires an 
annual reporting of official time use by federal agencies. 
Under the bill, agencies will be required to report official 
time use to OPM by the end of each calendar year. In turn, OPM 
will report to Congress such use on an annual basis (by March 
31 of each year).
    In the report, OPM will be required to provide the total 
amount of official time granted, the average amount of official 
time expended per bargaining unit employee, the specific types 
of activities for which official time was used (such as mid-
term negotiations, dispute resolution, or general labor-
management-relations), and the impact of official time on 
agency operations. OPM must also report the number of federal 
employees who are on 100 percent official time, that is, are 
exclusively in official time capacity, and the total amount of 
compensation (including fringe benefits) afforded to employees 
in connection with official time activities.
    An amendment in the nature of a substitute adopted during 
Full Committee consideration of the bill also requires OPM to 
include in the annual report to Congress a description of any 
room or space (including the square footage) designated at the 
agency where official time activities are conducted. In 
response to a letter sent from the Committee in February 2016 
to federal agencies requesting information on space designated 
for conducting official time activities, the Consumer Financial 
Protection Bureau (CFPB) was able to promptly respond and 
reported that the agency has one room (approximately 70 square 
feet) designated for official time activities. The CFPB 
response shows that this additional reporting requirement 
should not be burdensome for agencies and will provide helpful 
information in the annual reports.
    Ultimately, H.R. 4392 is designed to ensure Congress, and 
the American public, receives specific and timely information 
on official time use and that such use is reasonable, 
necessary, and in the public interest. The continued and timely 
release of official time information is necessary for the 
Committee to assess the extent to which such time contributes 
to the productivity and effectiveness of the federal 
government.

                          LEGISLATIVE HISTORY

    H.R. 4392 was introduced on January 13, 2016, by 
Congressman Dennis Ross (R-FL) and referred to the Committee on 
Oversight and Government Reform. On March 1, 2016, the 
Committee on Oversight and Government Reform ordered H.R. 4392 
favorably reported, as amended.
    The bill is similar to legislation introduced by 
Congressman Ross in the 113th Congress, H.R. 568. During the 
113th Congress, the Committee favorably reported the bill, as 
amended, by voice vote. Also, in the 112th Congress, 
Congressman Ross introduced similar legislation, H.R. 2066, and 
the Committee held a hearing on June 1, 2011 to review the use 
of official time by federal workers. That bill saw no further 
action.

                           Section-by-Section


Section 1. Reporting requirement

    Requires the Office of Personnel Management (OPM), in 
consultation with the Office of Management and Budget, to 
annually report to each House of Congress on the use of 
official time by federal employees. Official time is time spent 
by federal employees performing representational work for a 
bargaining unit in lieu of their regularly assigned work.
    The report must include information on the total amount of 
official time granted, the average amount of official time 
expended per bargaining unit employee, and the specific types 
of activities for which official time was used (such as mid-
term negotiations, dispute resolution, or general labor-
management-relations) including the impact of official time on 
agency operations. OPM must also report on the number of agency 
employees who are on 100 percent official time, the total 
amount of compensation (including fringe benefits) afforded to 
employees in connection with official time activities, and a 
description of any room or space (including the square footage) 
designated at the agency where official time activities are 
conducted.
    Reports are due March 31 following the reportable fiscal 
year.

                       Explanation of Amendments

    During Full Committee consideration of the bill, 
Congressman Jody Hice (R-GA) offered an amendment in the nature 
of a substitute that would insert an additional provision 
requiring OPM to include in the annual report to Congress a 
description of any room or space (including the square footage) 
designated at the agency where official time activities are 
conducted. The amendment was adopted by voice vote.

                        Committee Consideration

    On March 1, 2016, the Committee met in open session and 
ordered reported favorably, as amended, the bill, H.R. 4392, by 
voice vote, a quorum being present.

                            Roll Call Votes

    No roll call votes were requested or conducted during Full 
Committee consideration of H.R. 4392.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill requires an annual reporting to Congress on the use 
of official time. As such this bill does not relate to 
employment or access to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of the bill is to amend title 5, United 
States Code, to require that the Office of Personnel Management 
submit an annual report to Congress relating to the use of 
official time by Federal employees.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that Rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for this bill from the Director of 
Congressional Budget Office:

H.R. 4392--A bill to amend title 5, United States Code, to require that 
        the Office of Personnel Management submit an annual report to 
        Congress relating to the use of official time by federal 
        employees

    H.R. 4392 would require the Office of Personnel Management 
(OPM) to provide annual reports to the Congress on the use of 
official time by federal employees who also serve as union 
officers. Official time is paid time off from assigned 
government duties to represent a labor union.
    CBO estimates that implementing the legislation would have 
no significant effect on the federal budget because most of the 
information needed for the reports required under the bill is 
currently collected. Because the legislation could affect 
direct spending by agencies not funded through annual 
appropriations, pay-as-you-go procedures apply. CBO estimates, 
however, that any net increase in spending by those agencies 
would be negligible. Enacting the bill would not affect 
revenues.
    CBO estimates that enacting H.R. 4392 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4392 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *



PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART E--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS

           *       *       *       *       *       *       *


CHAPTER 71--LABOR-MANAGEMENT RELATIONS

           *       *       *       *       *       *       *



           SUBCHAPTER IV--ADMINISTRATIVE AND OTHER PROVISIONS


Sec. 7131. Official time

  (a) Any employee representing an exclusive representative in 
the negotiation of a collective bargaining agreement under this 
chapter shall be authorized official time for such purposes, 
including attendance at impasse proceeding, during the time the 
employee otherwise would be in a duty status. The number of 
employees for whom official time is authorized under this 
subsection shall not exceed the number of individuals 
designated as representing the agency for such purposes.
  (b) Any activities performed by any employee relating to the 
internal business of a labor organization (including the 
solicitation of membership, elections of labor organization 
officials, and collection of dues) shall be performed during 
the time the employee is in a non-duty status.
  (c) Except as provided in subsection (a) of this section, the 
Authority shall determine whether any employee participating 
for, or on behalf of, a labor organization in any phase of 
proceedings before the Authority shall be authorized official 
time for such purpose during the time the employee otherwise 
would be in a duty status.
  (d) Except as provided in the preceding subsections of this 
section--
          (1) any employee representing an exclusive 
        representative, or
          (2) in connection with any other matter covered by 
        this chapter, any employee in an appropriate unit 
        represented by an exclusive representative,
shall be granted official time in any amount the agency and the 
exclusive representative involved agree to be reasonable, 
necessary, and in the public interest.
  (e)(1)(A) Not later than March 31 of each calendar year, the 
Office of Personnel Management, in consultation with the Office 
of Management and Budget, shall submit to each House of 
Congress a report on the operation of this section during the 
fiscal year last ending before the start of such calendar year.
  (B) Not later than December 31 of each calendar year, each 
agency (as defined by section 7103(a)(3)) shall furnish to the 
Office of Personnel Management the information which such 
Office requires, with respect to such agency, for purposes of 
the report which is next due under subparagraph (A).
  (2) Each report by the Office of Personnel Management under 
this subsection shall include, with respect to the fiscal year 
described in paragraph (1)(A), at least the following 
information:
          (A) The total amount of official time granted to 
        employees.
          (B) The average amount of official time expended per 
        bargaining unit employee.
          (C) The specific types of activities or purposes for 
        which official time was granted, and the impact which 
        the granting of such official time for such activities 
        or purposes had on agency operations.
          (D) The total number of employees to whom official 
        time was granted, and, of that total, the number who 
        were not engaged in any activities or purposes except 
        activities or purposes involving the use of official 
        time.
          (E) The total amount of compensation (including 
        fringe benefits) afforded to employees in connection 
        with activities or purposes for which they were granted 
        official time.
          (F) A description of any room or space designated at 
        the agency (or its subcomponent) where official time 
        activities will be conducted, including the square 
        footage of any such room or space.
  (3) All information included in a report by the Office of 
Personnel Management under this subsection with respect to a 
fiscal year--
          (A) shall be shown both agency-by-agency and for all 
        agencies; and
          (B) shall be accompanied by the corresponding 
        information (submitted by the Office in its report 
        under this subsection) for the fiscal year before the 
        fiscal year to which such report pertains, together 
        with appropriate comparisons and analyses.
  (4) For purposes of this subsection, the term ``official 
time'' means any period of time, regardless of agency 
nomenclature--
          (A) which may be granted to an employee under this 
        chapter (including a collective bargaining agreement 
        entered into under this chapter) to perform 
        representational or consultative functions; and
          (B) during which the employee would otherwise be in a 
        duty status.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

  H.R. 4392, A BILL TO REQUIRE THE OFFICE OF PERSONNEL MANAGEMENT TO 
          SUBMIT AN ANNUAL REPORT TO CONGRESS ON OFFICIAL TIME

    Committee Democrats submit the following additional views 
on H.R. 4392, as amended during Committee consideration.
    The legislation would require the Office of Personnel 
Management (OPM) to submit an annual report to Congress on the 
use of ``official time.'' Federal employees who are union 
representatives use official time to represent employees in 
grievances, participate in labor-management meetings, and 
negotiate collective bargaining agreements. Official time also 
has been used to enable labor-management collaboration on 
training and implementation of new agency programs as well as 
to improve workplace safety and to address workplace conflicts.
    The legislation would require agencies and OPM to report on 
some additional information not already captured in reports on 
official time that OPM currently publishes, such as the impact 
of official time on agency operations, the total number of 
employees who used official time, and the number and percentage 
of federal employees who spent 100% of their work hours on 
official time.
    Reporting on some of the additional data may be difficult, 
costly, and burdensome for federal agencies since they 
currently do not track this information. For example, it is 
unclear whether a determination of agency impact would involve 
assessments of productivity, efficiency, costs, employee 
performance, employee engagement, working conditions, work 
environment, labor-management relations, workplace disputes and 
litigation, and quality of products and services.
    In addition, OPM's current reporting system does not track 
the number of employees who use official time, and that 
information may require manual reporting by agencies.
    Lastly, the Amendment in the Nature of a Substitute offered 
by Rep. Hice during Committee consideration added back into the 
bill a requirement, which was removed during the last Congress, 
to provide a description of the space used for conducting 
official time activities, including square footage. The 
Committee Majority has already issued letters to certain 
agencies asking for this information, and we believe it could 
be burdensome for some agencies to gather this information.
    We hope to work with the Committee Majority prior to House 
consideration to make additional refinements to the legislation 
to reduce the burden of the reporting requirements mandated by 
the bill.

                                        Elijah E. Cummings,
                                                    Ranking Member.

                                  [all]