[Senate Report 115-167]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 236
115th Congress       }                                   {      Report
                                 SENATE
 1st Session         }                                   {     115-167
_______________________________________________________________________

                                     


                 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

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 1293


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                October 5, 2017.--Ordered to be printed
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-010                         WASHINGTON : 2017 





















        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio                    THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming             GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota            MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana                KAMALA D. HARRIS, California

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
                       Courtney J. Allen, Counsel
               Margaret E. Daum, Minority Staff Director
               Stacia M. Cardille, Minority Chief Counsel
       Charles A. Moskowitz, Minority Senior Legislative Counsel
        Thomas J.R. Richards, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk









                                                      Calendar No. 236
115th Congress       }                                   {      Report
                                 SENATE
 1st Session         }                                   {     115-167
======================================================================

 
  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

                                _______
                                

                October 5, 2017.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 1293]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 1293), to amend 
title 5, United States Code, to require the Office of Personnel 
Management to submit an annual report to Congress relating to 
the use of official time by Federal employees, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I.  Purpose and Summary.............................................1
 II.  Background and Need for the Legislation.........................2
III.  Legislative History.............................................6
 IV.  Section-by-Section Analysis.....................................6
  V.  Evaluation of Regulatory Impact.................................7
 VI.  Congressional Budget Office Cost Estimate.......................7
VII.  Changes in Existing Law Made by the Act, as Reported............8

                         I. Purpose and Summary

    The purpose of H.R. 1293 is to require the Office of 
Personnel Management (OPM) to submit an annual report to 
Congress on the use of official time by Federal employees.

              II. Background and the Need for Legislation

    The Civil Service Reform Act of 1978 (Civil Service Reform 
Act), codified the right of Federal employees to organize, 
voluntarily join, and participate in labor unions.\1\ The Civil 
Service Reform Act requires labor unions with exclusive 
representation of a bargaining unit within a Federal agency to 
represent all the unit's employees, regardless of the 
employees' union membership status.\2\ In consideration of the 
possible resources expended by the labor unions to represent 
Federal employees who are not members of the union, the Civil 
Service Reform Act permits Federal employees to be compensated 
under ``official time.''\3\ Official time is when a Federal 
employee conducts representational activities for the union 
during regular work hours instead of performing regularly 
assigned duties.\4\ Employees working on official time are 
compensated by the Federal Government at their regular salaries 
and benefits while performing representational activities for 
the union in lieu of regularly assigned duties.\5\
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    \1\Civil Service Reform Act 701, Pub. L. No. 95-454, 92 Stat. 1191 
(1978). See also 5 U.S.C. Sec. 71.
    \2\5 U.S.C. Sec. 7114(a)(1).
    \3\5 U.S.C. Sec. 7131. See also Off. of Personnel Mgmt., Official 
Time Usage in the Federal Government: Fiscal Year 2014, 1, available at 
https://www.opm.gov/policy-data-oversight/labor-management-relations/
reports-on-official-time/reports/2014-official-time-usage-in-the-
federal-government.pdf.
    \4\Id.
    \5\S. Gov't Accountability Office, GAO-15-9, Labor Relations 
Activities: Actions Needed to Improve Tracking and Reporting of the Use 
and Cost of Official Time 1 (Oct. 2014), available at http://
www.gao.gov/assets/670/666619.pdf.
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    Management of official time can vary within and between 
agencies for a number of reasons. For example, agencies and 
unions can negotiate the use of official time at the 
department, component, bureau, operating administration, 
facility, or local level, and the results of those negotiations 
can vary.\6\ Additionally, use of official time must be 
authorized by the agency, or otherwise agreed upon between a 
manager and his or her employees.\7\
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    \6\Id.
    \7\5 C.F.R. Sec. 9701.523
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    Official time is permitted when Federal employees 
participate in collective bargaining agreement negotiations,\8\ 
in proceedings before the Federal Labor Relations Authority 
(FLRA),\9\ and other activities that are deemed ``reasonable, 
necessary, and in the public interest''\10\The FLRA has 
interpreted reasonable, necessary and in the public interest as 
constituting activities such as participation in labor-
management working groups, representation of bargaining unit 
employees in meetings with management, negotiation of 
contracts, representation of employees in grievances and 
disciplinary actions.\11\ Federal agencies develop internal 
controls and negotiate provisions in collective bargaining 
agreements to monitor the use of official time.\12\
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    \8\5 U.S.C. Sec. 7131(a).
    \9\ 5 U.S.C. 7131(c).
    \10\5 U.S.C. Sec. 7131(d). See also 5 C.F.R. Sec. 9701.523(d).
    \11\Off. of Personnel Mgmt., supra note 3 at 2.
    \12\Supra note 5 at 23.
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    Federal law prohibits the use of official time for internal 
union business, ``including the solicitation of membership, 
elections of labor organization officials, and collection of 
dues.''\13\ However, the FLRA has ruled that official time can 
be used by Federal employees to lobby Congress about 
legislation concerning the union members' conditions of 
employment.\14\
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    \13\5 U.S.C. Sec. 7131(b).
    \14\Am. Fed'n of Gov't Employees, Local 12, and U.S. Dep't of 
Labor, 61 FLRA 40, 209-16 (2005). See also U.S. Dep't of Health and 
Human Services, U.S. Social Security Admin., and Am. Fed'n of Gov't 
Employees, Local 3231, 11 FLRA 7 (1983); Off. of the Adj. Gen., N.H. 
Nat'l Guard, and Granite State Chapter Ass'n of Civilian Technicians, 
54 FLRA 301 (1998).
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    There is no requirement under law that Federal agencies 
have to report on the use of official time by Federal 
employees. As a result, agency monitoring and reporting on its 
employees' use of official time has been inconsistent and 
infrequent since the enactment of the Civil Service Reform 
Act.\15\ In 1979, the General Accounting Office, now known as 
the Government Accountability Office (GAO), reported that over 
70 percent of agency Federal employee units failed to keep 
records on the use of official time.\16\ GAO recommended that 
the Office of Personnel Management (OPM):
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    \15\See U.S. Gov't Accountability Office, supra note 5 at 6-7. See 
e.g. U.S. Off. of Personnel Mgmt., Reports on Official Time, available 
at https://www.opm.gov/policy-data-oversight/labor-management-
relations/reports-on-official-time/#url=appendix4_2002.
    \16\U.S. Gen. Accounting Office, GAO-FPCD-79-77, Inadequate 
Recordkeeping on Official Time Used for Representational Functions 
(Sept. 17, 1979), available at http://www.gao.gov/assets/130/
127702.pdf.

        revise the recordkeeping requirement [for 
        representational functions] to include all official 
        time used for collective bargaining negotiations, 
        direct agency compliance with the recordkeeping 
        requirement, require agencies to prepare reports on all 
        official time authorized for this purpose to provide 
        greater accountability . . . [and] require annual 
        reports from agencies on [official] time . . .\17\
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    \17\Id. at 6.

    OPM issued a Federal Personnel Manual letter in 1981 
directing Federal agencies to establish a recordkeeping system 
to record the use of official time by Federal employees for 
union activities.\18\ This OPM letter did not require agencies 
to report annually on the use of official time by their 
employees.\19\ When the Federal Personnel Manual was abolished 
in 1994, the recordkeeping requirements on official time were 
rescinded.\20\
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    \18\U.S. Gov't Accountability Office, supra note 5 at 6.
    \19\Id.
    \20\Id.
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    GAO reported in 1996 that the total amount and costs of 
official time for union activities were unknown and that ``no 
reporting requirement exists for agencies to generate 
comprehensive data on their support of union activities.''\21\ 
GAO advised that:
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    \21\U.S. Gen. Accounting Office, Federal Labor Relations: Official 
Time Used for Union Activities, GAO/T-GGD-96-191, 8, Sept. 11, 1996, 
available at http://www.gao.gov/assets/110/106634.pdf.

        If decisionmakers hope to resolve the question of the 
        extent to which federal taxpayers subsidize the 
        activities of federal employee unions, better data are 
        needed on (1) the amount and cost of the hours used for 
        union activities, as well as the number of employees 
        using those hours; (2) the types of activities covered 
        by the hours used; and (3) the overall costs of 
        agencies' support for union activities.\22\
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    \22\Id. at 1.

    In 1997, the U.S. House of Representatives Committee on 
Appropriations directed OPM to report by October 1, 1998, on 
the use of official time by Federal agencies for the first six 
months of fiscal year 1998.\23\ The House committee requested 
that OPM include a description of the benefits and 
disadvantages of official time; the specific activities 
conducted by Federal employees on official time; the total 
number of hours spent on official time; the number of employees 
who used official time; the valuation in terms of salary spent 
on official time activities; and the valuation of Federal 
office space, equipment and other materials provided for 
official time activities.\24\
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    \23\H. Rep. No. 105-240, at 89-90 (1997).
    \24\Id.
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    OPM began reporting on the use of official time on a more 
regular annual basis after a June 17, 2002, memorandum to all 
Federal agencies instructed annual reporting on the use of 
official time.\25\ In this memorandum, OPM noted that 
``[e]stablishing a clear set of reporting requirements for 
official time sends a strong signal that labor and management 
understand their joint obligation to use public funds 
wisely.''\26\ From 2002 to 2012, OPM collected data from 
Federal agencies and issued voluntary annual fiscal year 
reports on the use of official time in the Federal 
Government.\27\ OPM did not issue a report for fiscal year 
2013, but did so for fiscal year 2014.\28\ In early 2015, then-
OPM Director Katherine Archuleta decided to limit the issuance 
of an official time report to every two years.\29\
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    \25\Memorandum from U.S. Off. of Personnel Mgmt. on Official Time 
for Labor-Management Relations (June 17, 2002), available at https://
www.chcoc.gov/content/official-time-labor-management-relations.
    \26\Id.
    \27\U.S. Off. of Personnel Mgmt., Reports on Official Time, 
available at https://www.opm.gov/policy-data-oversight/labor-
management-relations/reports-on-official-time/#url=appendix4_2002.
    \28\U.S. Off. of Personnel Mgmt., supra note 3.
    \29\Telephone Conversation with Off. of Personnel Management 
representative and Committee Majority staff (Sept. 6, 2017).
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    There is no requirement regarding the type of information 
that must be collected by agencies to inform these annual 
reports to OPM;\30\ instead, OPM issues guidance to agencies 
for collecting and reporting information on official time 
usage.\31\ Under this guidance, Federal agencies report to OPM 
on the total number of union employees in the agency, the total 
amount of official time hours used by agency employees, an 
explanation for any unusually high or low usage of official 
time compared to prior years, and the total number of official 
time hours used in each of the following categories: term 
negotiations, mid-term negotiations, dispute-resolution, and 
general labor-management relations.\32\ If an agency reports 
corrections to the data provided to OPM's human resource 
database system, the agency must also report on the cause of 
the data discrepancy, efforts to correct the data, and actions 
to improve the quality of the data.\33\
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    \30\Id.
    \31\U.S. Off. of Personnel Mgmt., Guidance for Reporting Union 
Official Time Fiscal Year 2016, 2 (on file with Committee staff).
    \32\Id.
    \33\Id.
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    Once the data is collected and corrected, OPM includes in 
its report the total number of official time hours, the rate of 
official time per bargaining unit employee, a cost estimate of 
official time, and the percentage of change from one year to 
the next, as well as a brief narrative explanation for the 
changes, for each agency and governmentwide.\34\ In 2014, GAO 
questioned the reliability of OPM's cost estimate for official 
time usage noting that ``OPM's cost estimate is not reliable 
because it lacks assurance of its accuracy and also lacks 
adequate documentation.''\35\ OPM produces a cost estimate by 
multiplying an agency's total reported official time hours by 
the average salary for bargaining unit employees.\36\ GAO used 
an alternative methodology to calculate the cost estimate of 
official time for six agencies in fiscal year 2012 by 
multiplying the official time reported by a union employee by 
the actual salary data of the employee.\37\ GAO's alternative 
cost estimate for the agencies was $5 million more than OPM's 
cost estimate, and led GAO to recommend that OPM ``consider 
other approaches to developing its cost estimate.''\38\
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    \34\Supra note 27.
    \35\Id.
    \36\Id. at 16 (emphasis supplied).
    \37\Id.
    \38\Id. at 18.
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    GAO also reported that only four of the ten selected 
agencies for the 2014 report collected data on non-payroll 
costs of official time, including travel expenses, office 
space, telephone service, or other related costs.\39\ One 
agency that did collect such non-payroll costs reported 
$700,000 in travel and per diem expenses, $1.1 million for 
office space, telephones, and supplies, and $200,000 in 
interest and arbitration expenses.\40\ Another agency told GAO 
that ``it [is] useful to track administrative costs 
attributable to official time-union office space and travel 
cost-to support agency proposals when negotiating with the 
union, and for responding to outside inquiries.''\41\
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    \39\Id. at 18.
    \40\Id. at 18-19.
    \41\Id. at 19.
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    GAO made two other recommendations that would help provide 
greater transparency and oversight of official time. GAO 
recommended that OPM should work with agencies to make better 
use of existing human resources data tracking systems for 
collecting and reporting on official time and OPM should use 
existing governmentwide forums to share best practices among 
agencies for monitoring and reporting on the use of official 
time.\42\ OPM partially concurred with the three 
recommendations noting some limitations of human resources data 
systems and limitations on OPM's authority to require other 
agencies to take certain actions.\43\
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    \42\Id.
    \43\Id.
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    OPM does not require agencies to report on the number of 
union employees that work solely on official time. In the 2014 
GAO report, eight of the ten selected Federal agencies reported 
having Federal employees who spend 100 percent of their time as 
a Federal employee working on official time doing union 
activities.\44\ At the Department of Veterans Affairs, 346 
union employees worked solely on official time in fiscal year 
2015.\45\ The IRS reported 201 employees spending all their 
work on official time in 2012.\46\
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    \44\Id. at 14.
    \45\U.S. Gov't Accountability Office, GAO-17-105, Union Activities: 
VA Could Better Track the Amount of Official Time Used by Employees 13 
(Jan. 2017), available at https://www.gao.gov/assets/690/682250.pdf.
    \46\Letter from Bertrand Tzeng, HQ Disclosure FOIA and Program 
Operations, Internal Revenue Service, to William Wilson, Americans for 
Limited Government (June 6, 2013), available at http://
algfoiafiles.com/images/5/5b/IRS_Cover_Letter_w_06.06.13.PDF and http:/
/algfoiafiles.com/images/a/ad/IRS_Responsive_Records_w_06.06.13.PDF.
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    OPM also does not require agencies to collect or report 
with specificity on activities conducted on official time. 
Instead, OPM guidance instructs agencies to report the number 
of official time hours used within four categories: term 
negotiations, mid-term negotiations, dispute-resolution, and 
general labor-management relations.\47\ For fiscal year 2014, 
78 percent of official time charged by union employees fell 
under the general labor-management relations category.\48\ 
Under OPM's guidance, general labor-management relations 
includes ``time used for activities not included in the [other] 
three categories.
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    \47\U.S. Off. of Personnel Mgmt., supra note 27 at 1.
    \48\U.S. Off. of Personnel Mgmt., supra note 3 at 8.
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    The Committee believes annual reporting on Federal 
employees' use of official time promotes government 
transparency and accountability. H.R. 1293 achieves this by 
implementing standardized requirements for agencies to report 
annually with detailed information about official time. In 
these annual reports, Federal agencies, unions, Congress, and 
taxpayers will be better informed on the extent to which 
official time is used, the estimated amount of taxpayer dollars 
spent on the salaries and non-payroll costs for official time, 
the number of Federal employees working exclusively on official 
time, and the type of activities conducted on official time.

                        III. Legislative History

    H.R. 1293 was introduced on March 1, 2017, by Rep. Dennis 
Ross (R-FL-15). The bill as amended was passed by the House of 
Representatives on May 24, 2017, by voice vote. The Act was 
received in the Senate and referred to the Committee on 
Homeland Security and Governmental Affairs on May 25, 2017.
    The Committee considered H.R. 1293 at a business meeting on 
July 26, 2017. No amendments were offered. The legislation was 
passed by voice vote with Senators Johnson, Portman, Lankford, 
Daines, McCaskill, Tester, Heitkamp, Peters, Hassan, and Harris 
present. Senators Hassan and Harris were recorded as voting 
``no'' for the record.

        IV. Section-by-Section Analysis of the Act, as Reported


Section 1. Reporting Requirement

    This section requires OPM to submit an annual report to 
Congress on Federal employees' use of official time no later 
than March 31 of each calendar year. Each Federal agency is 
required to provide information for each fiscal year to OPM no 
later than December 31 of each calendar year so that it can be 
included in OPM's annual report.
    The annual report must include the following: the total 
amount of official time granted to Federal employees; the 
average amount of official time expended per bargaining unit 
employee; the activities or purposes for which official time 
was granted and the effects of the official time on agency 
operations; the total amount of compensation provided to 
employees in connection with official time activities; the 
total amount of official time spent representing non-bargaining 
unit employees; the total number of Federal employees who 
solely conduct union activities under official time; and the 
description of the use of Federal properties for official time 
activities. This report is required to provide information 
about each Federal agency's use of official time.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this Act and determined 
that the Act will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the Act contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                                    August 4, 2017.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1293, an act 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                Keith Hall.
    Enclosure.

H.R. 1293--An act 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. 1293 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. The act would 
require the OPM report to include the purpose for the use of 
official time, the amount of compensation paid for official 
time, and the locations where the official time duty occurs.
    OPM collects some information on the use of official time. 
CBO expects that information currently collected would be 
combined with other aggregate and estimated information to 
prepare the report for the Congress. Thus, CBO estimates that 
any additional costs would be less than $500,000 annually; such 
spending would be subject to the availability of appropriated 
funds.
    Enacting H.R. 1293 could affect direct spending by agencies 
not funded through annual appropriations; therefore, pay-as-
you-go procedures apply. CBO estimates, however, that any net 
increase in spending by those agencies would be negligible. 
Enacting the legislation would not affect revenues.
    CBO estimates that enacting H.R. 1293 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1293 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On March 17, 2017, CBO transmitted a cost estimate for H.R. 
1293 as ordered reported by the House Committee on Oversight 
and Government Reform on March 8, 2017. The two versions of 
legislation are identical and CBO's estimates of the budgetary 
effects are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Act, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS

           *       *       *       *       *       *       *



CHAPTER 71--LABOR-MANAGEMENT RELATIONS

           *       *       *       *       *       *       *



SUBCHAPTER IV--ADMINISTRATIVE AND OTHER PROVISIONS

           *       *       *       *       *       *       *



SEC. 7131. OFFICIAL TIME.

    (a) * * *

           *       *       *       *       *       *       *

    (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) The total amount of official time spent 
                by employees representing Federal employees who 
                are not union members in matters authorized by 
                this chapter.
                  (G) 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.''

           *       *       *       *       *       *       *


                                  [all]