I
119THCONGRESS
1
STSESSION H. R. 1210
To amend chapter 71 of title 5, United States Code, to charge labor organiza-
tions for the agency resources and employee time used by such labor
organizations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY11, 2025
Mr. P
ERRYintroduced the following bill; which was referred to the Committee
on Oversight and Government Reform
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Protecting Taxpayers’ 4
Wallets Act of 2025’’. 5
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SEC. 2. CHARGING LABOR ORGANIZATIONS FOR USE OF 1
FEDERAL RESOURCES. 2
(a) I
NGENERAL.—Chapter 71 of title 5, United 3
States Code, is amended by adding at the end the fol-4
lowing new section: 5
‘‘§ 7136. Charging labor organizations for use of Fed-6
eral resources 7
‘‘(a) F
EES FORUSE OFAGENCYRESOURCES.— 8
‘‘(1) I
N GENERAL.—Notwithstanding any other 9
provision of this chapter, the head of each agency 10
shall charge each labor organization recognized as 11
an exclusive representative of employees of such 12
agency a fee each calendar quarter for the use of the 13
resources of such agency during such quarter. 14
‘‘(2) F
EE CALCULATION.—The amount of the 15
fee the head of an agency charges a labor organiza-16
tion under paragraph (1) with respect to a calendar 17
quarter shall be equal to the amount that is the sum 18
of— 19
‘‘(A) the value of the union time of each 20
labor representative for such labor organization 21
while employed by such agency in such quarter; 22
and 23
‘‘(B) the value of agency resources pro-24
vided for union use to such labor organization 25
by such agency in such quarter. 26
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‘‘(3) TIMING.— 1
‘‘(A) N
OTICE.—Not later than 30 days 2
after the end of each calendar quarter, the head 3
of each agency shall submit to each labor orga-4
nization charged a fee by such head under 5
paragraph (1) with respect to such calendar 6
quarter a notice stating the amount of such fee. 7
‘‘(B) D
UE DATE.—Payment of a fee 8
charged under paragraph (1) is due not later 9
than 60 days after the date on which the labor 10
organization charged such fee receives a notice 11
under paragraph (A) with respect to such fee. 12
‘‘(4) P
AYMENT.— 13
‘‘(A) I
N GENERAL.—Payment of a fee 14
charged under paragraph (1) shall be made to 15
the head of the agency that charged such fee. 16
‘‘(B) T
RANSFER TO GENERAL FUND .—The 17
head of an agency shall transfer each payment 18
of a fee charged under paragraph (1) that such 19
head receives to the general fund of the Treas-20
ury. 21
‘‘(b) V
ALUEDETERMINATIONS.— 22
‘‘(1) I
N GENERAL.—The head of an agency 23
charging a labor organization a fee under subsection 24
(a) shall determine the value of union time used by 25
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labor representatives and the value of agency re-1
sources provided for union use for the purposes of 2
paragraph (2) of such subsection in accordance with 3
this subsection. 4
‘‘(2) V
ALUES.—For the purposes of paragraph 5
(2) of subsection (a), with respect to a fee charged 6
to a labor organization by the head of an agency 7
under paragraph (1) of such subsection— 8
‘‘(A) the value of the union time of a labor 9
representative during a calendar quarter is 10
equal to amount that is the product of the 11
hourly rate of pay of such labor representative 12
paid by such agency and the number of hours 13
of union time of such labor representative dur-14
ing such calendar quarter during which such 15
labor representative was on duty as an em-16
ployee of such agency; and 17
‘‘(B) such head of such agency shall deter-18
mine the value of agency resources provided for 19
union use during a calendar quarter using rates 20
established by the General Services Administra-21
tion, where applicable, or to the extent that 22
such rates are inapplicable to such the use of 23
such resources, the market rate for the use of 24
such resources, except that with respect to re-25
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sources used for both agency business and for 1
purposes pertaining to matters covered by this 2
chapter, only the value of the portion of the use 3
of such resources for the business of such labor 4
organization shall be included. 5
‘‘(3) D
ETERMINATIONS NOT SUBJECT TO RE -6
VIEW.—No determination of the head of an agency 7
described in paragraph (1) may be determined to be 8
an unfair labor practice or subject to collective bar-9
gaining or grievance procedures under this chapter, 10
or otherwise contested or appealed. 11
‘‘(c) E
NFORCEMENT AND PENALTIES.— 12
‘‘(1) P
ENALTIES.— 13
‘‘(A) I
N GENERAL.—If a labor organization 14
does not pay a fee charged to such labor orga-15
nization under subsection (a)(1) on or before 16
the date on which payment for such fee be-17
comes due, during the period beginning on the 18
date on which such payment becomes due and 19
ending on the date on which every fee charged 20
to such labor organization under such sub-21
section is fully paid— 22
‘‘(i) the amount of such fee shall be 23
increased at a rate equal to the interest 24
rate; 25
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‘‘(ii) the head of each agency shall— 1
‘‘(I) beginning on the date that is 2
90 days after the date on which such 3
period begins— 4
‘‘(aa) deny such labor orga-5
nization and the labor represent-6
atives for such labor organization 7
any further union time; 8
‘‘(bb) cease providing and 9
the deny further use of agency 10
resources provided for union use 11
by such labor representatives for 12
the business of such labor organi-13
zation; and 14
‘‘(cc) not be subject to— 15
‘‘(AA) any grievance 16
procedures or binding arbi-17
tration invoked by such 18
labor organization under 19
section 7121; or 20
‘‘(BB) any unfair labor 21
practice complaints or pro-22
ceedings under this chapter 23
pertaining to such labor or-24
ganization or employees rep-25
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resented by such labor orga-1
nization; and 2
‘‘(II) beginning on the date that 3
is 180 days after the date on which 4
such period begins— 5
‘‘(aa) terminate all allot-6
ments made by or on behalf of 7
the agency with respect to such 8
labor organization under section 9
7115; and 10
‘‘(bb) not authorize any such 11
allotments with respect to such 12
labor organization; and 13
‘‘(III) on the date that is 365 14
days after the date on which such pe-15
riod begins, inform the Authority and 16
such labor organization that such pe-17
riod has reached a duration of 365 18
days; and 19
‘‘(iii) on the date that is 380 days 20
after the date on which such period begins, 21
the Authority shall terminate the certifi-22
cation of such labor organization as the ex-23
clusive representative of employees of such 24
agency. 25
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‘‘(B) EXCLUSIVE REPRESENTATIVE PROHI -1
BITION.—A labor organization for which the 2
Authority terminates a certification as the ex-3
clusive representatives of employees of an agen-4
cy under subparagraph (A)(iii) may not be cer-5
tified as the exclusive representative of any em-6
ployee of such agency unless such labor organi-7
zation pays all fees charged to such labor orga-8
nization by the head of such agency under sub-9
section (a)(1), including any increases to such 10
fees under subparagraph (A)(i). 11
‘‘(C) R
ULE OF CONSTRUCTION .—Subpara-12
graph (A)(ii)(I)(cc) may not be construed as— 13
‘‘(i) tolling any statutory or contrac-14
tual deadline for the filing of a grievance, 15
complaint of an unfair labor practice, or 16
proceeding to binding arbitration; or 17
‘‘(ii) preventing or limiting an agency 18
from filing any grievance against a labor 19
organization or advancing such grievances 20
to binding arbitration. 21
‘‘(2) T
IME TRACKING.— 22
‘‘(A) I
N GENERAL.—Each agency shall 23
track the use of union time by labor representa-24
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tives using the applicable time and attendance 1
tracking system of such agency. 2
‘‘(B) F
AILURE TO RECORD.— 3
‘‘(i) I
N GENERAL.—A labor represent-4
ative who uses union time and fails to 5
record such use in the applicable time and 6
attendance tracking system shall be consid-7
ered absent without leave and subject to 8
appropriate adverse action. 9
‘‘(ii) W
ILLFUL OR REPEATED FAIL -10
URES.—A failure of a labor representative 11
described in clause (i) shall constitute an 12
impairment to the efficient of the service if 13
such failure is willful or occurs in the same 14
fiscal year as another such failure by such 15
labor representative. 16
‘‘(iii) L
IMITED REVIEW.—Adverse ac-17
tion take against an employee under clause 18
(i)— 19
‘‘(I) may not be determined to be 20
an unfair labor practice or subject to 21
grievance procedures or binding arbi-22
tration under section 7121; and 23
‘‘(II) notwithstanding any other 24
provision of law, shall be sustained on 25
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appeal if the determination of the 1
agency to take such adverse action 2
against such employee is supported by 3
substantial evidence. 4
‘‘(3) P
AYMENT REQUIRED .—The head of an 5
agency may not forgive, reimburse, waive, or in any 6
other manner reduce any fee charged under this sec-7
tion. 8
‘‘(4) C
OMPLIANCE.—Not later than two years 9
after the date of the enactment of this section, and 10
every two years thereafter, the Inspector General of 11
each agency shall— 12
‘‘(A) conduct an evaluation of the compli-13
ance of such agency and each relevant labor or-14
ganization with the requirements of this section, 15
including the accuracy with which labor rep-16
resentatives recorded the use of union time, the 17
promptness with which fees under subsection 18
(a) were charged and paid, and the valuation of 19
agency resources provided for union use by such 20
agency pursuant to subsection (b)(2)(B); and 21
‘‘(B) submit to the head of such agency, 22
the Committee on Oversight and Government 23
Reform of the House of Representatives, and 24
the Committee on Homeland Security and Gov-25
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ernmental Affairs of the Senate a report on the 1
findings of the evaluation required by subpara-2
graph (A). 3
‘‘(d) D
EFINITIONS.—In this section: 4
‘‘(1) A
GENCY BUSINESS.—The term ‘agency 5
business’ means work performed by employees on 6
behalf of an agency, or under the direction and con-7
trol of the agency. 8
‘‘(2) A
GENCY RESOURCES PROVIDED FOR 9
UNION USE.—The term ‘agency resources provided 10
for union use’ means the resources of an agency, 11
other than the time of employees in a duty status, 12
that such agency provides to labor representatives 13
for purposes pertaining to matters covered by this 14
chapter, including agency office space, parking 15
space, equipment, and reimbursement for expenses 16
incurred while on union time or otherwise per-17
forming non-agency business, except that this term 18
does not include any resource to the extent that such 19
resource is used for agency business. 20
‘‘(3) L
ABOR ORGANIZATION .—The term ‘labor 21
organization’ means a labor organization recognized 22
as an exclusive representative of employees of an 23
agency under this chapter or as a representative of 24
agency employees under any system established by 25
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the Transportation Security Administration Admin-1
istrator pursuant to section 111(d) of the Aviation 2
and Transportation Security Act (49 U.S.C. 44935 3
note). 4
‘‘(4) H
OURLY RATE OF PAY.—The term ‘hourly 5
rate of pay’ means the total cost to an agency of em-6
ploying an employee in a pay period or pay periods, 7
including wages, salary, and other cash payments, 8
agency contributions to employee health and retire-9
ment benefits, employer payroll tax payments, paid 10
leave accruals, and the cost to the agency for other 11
benefits, divided by the number of hours such em-12
ployee worked in such pay period or pay periods. 13
‘‘(5) I
NTEREST RATE.—The term ‘interest rate’ 14
means the average market yield of outstanding mar-15
ketable obligations of the United States having ma-16
turities of 30 years plus one percentage point. 17
‘‘(6) L
ABOR REPRESENTATIVE .—The term 18
‘labor representative’ means an employee of an agen-19
cy serving in any official or other representative ca-20
pacity for a labor organization (including as any of-21
ficer or steward of a labor organization) that is the 22
exclusive representative of employees of such agency 23
under this chapter or is the representative of em-24
ployees under any system established by the Trans-25
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portation Security Administration Administrator 1
pursuant to section 111(d) of the Aviation and 2
Transportation Security Act (49 U.S.C. 44935 3
note). 4
‘‘(7) U
NION TIME.—The term ‘union time’ 5
means the time an employee of an agency who is a 6
labor representative for a labor organization spends 7
performing non-agency business while on duty, ei-8
ther in service of such labor organization or other-9
wise acting in the capacity as an employee represent-10
ative, including official time authorized under sec-11
tion 7131.’’. 12
(b) C
LERICALAMENDMENT.—The table of sections 13
for chapter 71 of title 5, United States Code, is amended 14
by adding at the end the following new item: 15
‘‘7136. Charging labor organizations for use of Federal resources.’’.
Æ
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