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Us Congress House Bill HB1210

Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1210 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1210
55 To amend chapter 71 of title 5, United States Code, to charge labor organiza-
66 tions for the agency resources and employee time used by such labor
77 organizations, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 FEBRUARY11, 2025
1010 Mr. P
1111 ERRYintroduced the following bill; which was referred to the Committee
1212 on Oversight and Government Reform
1313 A BILL
1414 To amend chapter 71 of title 5, United States Code, to
1515 charge labor organizations for the agency resources and
1616 employee time used by such labor organizations, and
1717 for other purposes.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Protecting Taxpayers’ 4
2222 Wallets Act of 2025’’. 5
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2525 •HR 1210 IH
2626 SEC. 2. CHARGING LABOR ORGANIZATIONS FOR USE OF 1
2727 FEDERAL RESOURCES. 2
2828 (a) I
2929 NGENERAL.—Chapter 71 of title 5, United 3
3030 States Code, is amended by adding at the end the fol-4
3131 lowing new section: 5
3232 ‘‘§ 7136. Charging labor organizations for use of Fed-6
3333 eral resources 7
3434 ‘‘(a) F
3535 EES FORUSE OFAGENCYRESOURCES.— 8
3636 ‘‘(1) I
3737 N GENERAL.—Notwithstanding any other 9
3838 provision of this chapter, the head of each agency 10
3939 shall charge each labor organization recognized as 11
4040 an exclusive representative of employees of such 12
4141 agency a fee each calendar quarter for the use of the 13
4242 resources of such agency during such quarter. 14
4343 ‘‘(2) F
4444 EE CALCULATION.—The amount of the 15
4545 fee the head of an agency charges a labor organiza-16
4646 tion under paragraph (1) with respect to a calendar 17
4747 quarter shall be equal to the amount that is the sum 18
4848 of— 19
4949 ‘‘(A) the value of the union time of each 20
5050 labor representative for such labor organization 21
5151 while employed by such agency in such quarter; 22
5252 and 23
5353 ‘‘(B) the value of agency resources pro-24
5454 vided for union use to such labor organization 25
5555 by such agency in such quarter. 26
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5858 •HR 1210 IH
5959 ‘‘(3) TIMING.— 1
6060 ‘‘(A) N
6161 OTICE.—Not later than 30 days 2
6262 after the end of each calendar quarter, the head 3
6363 of each agency shall submit to each labor orga-4
6464 nization charged a fee by such head under 5
6565 paragraph (1) with respect to such calendar 6
6666 quarter a notice stating the amount of such fee. 7
6767 ‘‘(B) D
6868 UE DATE.—Payment of a fee 8
6969 charged under paragraph (1) is due not later 9
7070 than 60 days after the date on which the labor 10
7171 organization charged such fee receives a notice 11
7272 under paragraph (A) with respect to such fee. 12
7373 ‘‘(4) P
7474 AYMENT.— 13
7575 ‘‘(A) I
7676 N GENERAL.—Payment of a fee 14
7777 charged under paragraph (1) shall be made to 15
7878 the head of the agency that charged such fee. 16
7979 ‘‘(B) T
8080 RANSFER TO GENERAL FUND .—The 17
8181 head of an agency shall transfer each payment 18
8282 of a fee charged under paragraph (1) that such 19
8383 head receives to the general fund of the Treas-20
8484 ury. 21
8585 ‘‘(b) V
8686 ALUEDETERMINATIONS.— 22
8787 ‘‘(1) I
8888 N GENERAL.—The head of an agency 23
8989 charging a labor organization a fee under subsection 24
9090 (a) shall determine the value of union time used by 25
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9393 •HR 1210 IH
9494 labor representatives and the value of agency re-1
9595 sources provided for union use for the purposes of 2
9696 paragraph (2) of such subsection in accordance with 3
9797 this subsection. 4
9898 ‘‘(2) V
9999 ALUES.—For the purposes of paragraph 5
100100 (2) of subsection (a), with respect to a fee charged 6
101101 to a labor organization by the head of an agency 7
102102 under paragraph (1) of such subsection— 8
103103 ‘‘(A) the value of the union time of a labor 9
104104 representative during a calendar quarter is 10
105105 equal to amount that is the product of the 11
106106 hourly rate of pay of such labor representative 12
107107 paid by such agency and the number of hours 13
108108 of union time of such labor representative dur-14
109109 ing such calendar quarter during which such 15
110110 labor representative was on duty as an em-16
111111 ployee of such agency; and 17
112112 ‘‘(B) such head of such agency shall deter-18
113113 mine the value of agency resources provided for 19
114114 union use during a calendar quarter using rates 20
115115 established by the General Services Administra-21
116116 tion, where applicable, or to the extent that 22
117117 such rates are inapplicable to such the use of 23
118118 such resources, the market rate for the use of 24
119119 such resources, except that with respect to re-25
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122122 •HR 1210 IH
123123 sources used for both agency business and for 1
124124 purposes pertaining to matters covered by this 2
125125 chapter, only the value of the portion of the use 3
126126 of such resources for the business of such labor 4
127127 organization shall be included. 5
128128 ‘‘(3) D
129129 ETERMINATIONS NOT SUBJECT TO RE -6
130130 VIEW.—No determination of the head of an agency 7
131131 described in paragraph (1) may be determined to be 8
132132 an unfair labor practice or subject to collective bar-9
133133 gaining or grievance procedures under this chapter, 10
134134 or otherwise contested or appealed. 11
135135 ‘‘(c) E
136136 NFORCEMENT AND PENALTIES.— 12
137137 ‘‘(1) P
138138 ENALTIES.— 13
139139 ‘‘(A) I
140140 N GENERAL.—If a labor organization 14
141141 does not pay a fee charged to such labor orga-15
142142 nization under subsection (a)(1) on or before 16
143143 the date on which payment for such fee be-17
144144 comes due, during the period beginning on the 18
145145 date on which such payment becomes due and 19
146146 ending on the date on which every fee charged 20
147147 to such labor organization under such sub-21
148148 section is fully paid— 22
149149 ‘‘(i) the amount of such fee shall be 23
150150 increased at a rate equal to the interest 24
151151 rate; 25
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154154 •HR 1210 IH
155155 ‘‘(ii) the head of each agency shall— 1
156156 ‘‘(I) beginning on the date that is 2
157157 90 days after the date on which such 3
158158 period begins— 4
159159 ‘‘(aa) deny such labor orga-5
160160 nization and the labor represent-6
161161 atives for such labor organization 7
162162 any further union time; 8
163163 ‘‘(bb) cease providing and 9
164164 the deny further use of agency 10
165165 resources provided for union use 11
166166 by such labor representatives for 12
167167 the business of such labor organi-13
168168 zation; and 14
169169 ‘‘(cc) not be subject to— 15
170170 ‘‘(AA) any grievance 16
171171 procedures or binding arbi-17
172172 tration invoked by such 18
173173 labor organization under 19
174174 section 7121; or 20
175175 ‘‘(BB) any unfair labor 21
176176 practice complaints or pro-22
177177 ceedings under this chapter 23
178178 pertaining to such labor or-24
179179 ganization or employees rep-25
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182182 •HR 1210 IH
183183 resented by such labor orga-1
184184 nization; and 2
185185 ‘‘(II) beginning on the date that 3
186186 is 180 days after the date on which 4
187187 such period begins— 5
188188 ‘‘(aa) terminate all allot-6
189189 ments made by or on behalf of 7
190190 the agency with respect to such 8
191191 labor organization under section 9
192192 7115; and 10
193193 ‘‘(bb) not authorize any such 11
194194 allotments with respect to such 12
195195 labor organization; and 13
196196 ‘‘(III) on the date that is 365 14
197197 days after the date on which such pe-15
198198 riod begins, inform the Authority and 16
199199 such labor organization that such pe-17
200200 riod has reached a duration of 365 18
201201 days; and 19
202202 ‘‘(iii) on the date that is 380 days 20
203203 after the date on which such period begins, 21
204204 the Authority shall terminate the certifi-22
205205 cation of such labor organization as the ex-23
206206 clusive representative of employees of such 24
207207 agency. 25
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210210 •HR 1210 IH
211211 ‘‘(B) EXCLUSIVE REPRESENTATIVE PROHI -1
212212 BITION.—A labor organization for which the 2
213213 Authority terminates a certification as the ex-3
214214 clusive representatives of employees of an agen-4
215215 cy under subparagraph (A)(iii) may not be cer-5
216216 tified as the exclusive representative of any em-6
217217 ployee of such agency unless such labor organi-7
218218 zation pays all fees charged to such labor orga-8
219219 nization by the head of such agency under sub-9
220220 section (a)(1), including any increases to such 10
221221 fees under subparagraph (A)(i). 11
222222 ‘‘(C) R
223223 ULE OF CONSTRUCTION .—Subpara-12
224224 graph (A)(ii)(I)(cc) may not be construed as— 13
225225 ‘‘(i) tolling any statutory or contrac-14
226226 tual deadline for the filing of a grievance, 15
227227 complaint of an unfair labor practice, or 16
228228 proceeding to binding arbitration; or 17
229229 ‘‘(ii) preventing or limiting an agency 18
230230 from filing any grievance against a labor 19
231231 organization or advancing such grievances 20
232232 to binding arbitration. 21
233233 ‘‘(2) T
234234 IME TRACKING.— 22
235235 ‘‘(A) I
236236 N GENERAL.—Each agency shall 23
237237 track the use of union time by labor representa-24
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240240 •HR 1210 IH
241241 tives using the applicable time and attendance 1
242242 tracking system of such agency. 2
243243 ‘‘(B) F
244244 AILURE TO RECORD.— 3
245245 ‘‘(i) I
246246 N GENERAL.—A labor represent-4
247247 ative who uses union time and fails to 5
248248 record such use in the applicable time and 6
249249 attendance tracking system shall be consid-7
250250 ered absent without leave and subject to 8
251251 appropriate adverse action. 9
252252 ‘‘(ii) W
253253 ILLFUL OR REPEATED FAIL -10
254254 URES.—A failure of a labor representative 11
255255 described in clause (i) shall constitute an 12
256256 impairment to the efficient of the service if 13
257257 such failure is willful or occurs in the same 14
258258 fiscal year as another such failure by such 15
259259 labor representative. 16
260260 ‘‘(iii) L
261261 IMITED REVIEW.—Adverse ac-17
262262 tion take against an employee under clause 18
263263 (i)— 19
264264 ‘‘(I) may not be determined to be 20
265265 an unfair labor practice or subject to 21
266266 grievance procedures or binding arbi-22
267267 tration under section 7121; and 23
268268 ‘‘(II) notwithstanding any other 24
269269 provision of law, shall be sustained on 25
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272272 •HR 1210 IH
273273 appeal if the determination of the 1
274274 agency to take such adverse action 2
275275 against such employee is supported by 3
276276 substantial evidence. 4
277277 ‘‘(3) P
278278 AYMENT REQUIRED .—The head of an 5
279279 agency may not forgive, reimburse, waive, or in any 6
280280 other manner reduce any fee charged under this sec-7
281281 tion. 8
282282 ‘‘(4) C
283283 OMPLIANCE.—Not later than two years 9
284284 after the date of the enactment of this section, and 10
285285 every two years thereafter, the Inspector General of 11
286286 each agency shall— 12
287287 ‘‘(A) conduct an evaluation of the compli-13
288288 ance of such agency and each relevant labor or-14
289289 ganization with the requirements of this section, 15
290290 including the accuracy with which labor rep-16
291291 resentatives recorded the use of union time, the 17
292292 promptness with which fees under subsection 18
293293 (a) were charged and paid, and the valuation of 19
294294 agency resources provided for union use by such 20
295295 agency pursuant to subsection (b)(2)(B); and 21
296296 ‘‘(B) submit to the head of such agency, 22
297297 the Committee on Oversight and Government 23
298298 Reform of the House of Representatives, and 24
299299 the Committee on Homeland Security and Gov-25
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302302 •HR 1210 IH
303303 ernmental Affairs of the Senate a report on the 1
304304 findings of the evaluation required by subpara-2
305305 graph (A). 3
306306 ‘‘(d) D
307307 EFINITIONS.—In this section: 4
308308 ‘‘(1) A
309309 GENCY BUSINESS.—The term ‘agency 5
310310 business’ means work performed by employees on 6
311311 behalf of an agency, or under the direction and con-7
312312 trol of the agency. 8
313313 ‘‘(2) A
314314 GENCY RESOURCES PROVIDED FOR 9
315315 UNION USE.—The term ‘agency resources provided 10
316316 for union use’ means the resources of an agency, 11
317317 other than the time of employees in a duty status, 12
318318 that such agency provides to labor representatives 13
319319 for purposes pertaining to matters covered by this 14
320320 chapter, including agency office space, parking 15
321321 space, equipment, and reimbursement for expenses 16
322322 incurred while on union time or otherwise per-17
323323 forming non-agency business, except that this term 18
324324 does not include any resource to the extent that such 19
325325 resource is used for agency business. 20
326326 ‘‘(3) L
327327 ABOR ORGANIZATION .—The term ‘labor 21
328328 organization’ means a labor organization recognized 22
329329 as an exclusive representative of employees of an 23
330330 agency under this chapter or as a representative of 24
331331 agency employees under any system established by 25
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334334 •HR 1210 IH
335335 the Transportation Security Administration Admin-1
336336 istrator pursuant to section 111(d) of the Aviation 2
337337 and Transportation Security Act (49 U.S.C. 44935 3
338338 note). 4
339339 ‘‘(4) H
340340 OURLY RATE OF PAY.—The term ‘hourly 5
341341 rate of pay’ means the total cost to an agency of em-6
342342 ploying an employee in a pay period or pay periods, 7
343343 including wages, salary, and other cash payments, 8
344344 agency contributions to employee health and retire-9
345345 ment benefits, employer payroll tax payments, paid 10
346346 leave accruals, and the cost to the agency for other 11
347347 benefits, divided by the number of hours such em-12
348348 ployee worked in such pay period or pay periods. 13
349349 ‘‘(5) I
350350 NTEREST RATE.—The term ‘interest rate’ 14
351351 means the average market yield of outstanding mar-15
352352 ketable obligations of the United States having ma-16
353353 turities of 30 years plus one percentage point. 17
354354 ‘‘(6) L
355355 ABOR REPRESENTATIVE .—The term 18
356356 ‘labor representative’ means an employee of an agen-19
357357 cy serving in any official or other representative ca-20
358358 pacity for a labor organization (including as any of-21
359359 ficer or steward of a labor organization) that is the 22
360360 exclusive representative of employees of such agency 23
361361 under this chapter or is the representative of em-24
362362 ployees under any system established by the Trans-25
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365365 •HR 1210 IH
366366 portation Security Administration Administrator 1
367367 pursuant to section 111(d) of the Aviation and 2
368368 Transportation Security Act (49 U.S.C. 44935 3
369369 note). 4
370370 ‘‘(7) U
371371 NION TIME.—The term ‘union time’ 5
372372 means the time an employee of an agency who is a 6
373373 labor representative for a labor organization spends 7
374374 performing non-agency business while on duty, ei-8
375375 ther in service of such labor organization or other-9
376376 wise acting in the capacity as an employee represent-10
377377 ative, including official time authorized under sec-11
378378 tion 7131.’’. 12
379379 (b) C
380380 LERICALAMENDMENT.—The table of sections 13
381381 for chapter 71 of title 5, United States Code, is amended 14
382382 by adding at the end the following new item: 15
383383 ‘‘7136. Charging labor organizations for use of Federal resources.’’.
384384 Æ
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