S. 511

119 S511 IS: Protecting Taxpayers’ Wallets Act of 2025
 U.S. Senate
 2025-02-11
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 511  IN THE SENATE OF THE UNITED STATES   February 11, 2025   Ms. Ernst  (for herself and  Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the  Committee on Homeland Security and Governmental Affairs    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.
1.
Short title
This Act may be cited as the   Protecting Taxpayers’ Wallets Act of 2025  .
2.
Charging labor organizations for use of Federal resources
(a)
In general
Subchapter IV of  chapter 71  of title 5, United States Code, is amended by inserting after  section 7135  the following:
7136.
Charging labor organizations for use of Federal resources
(a)
Definitions
In this section:
(1)
Agency business
The term  agency business  means work performed by employees on behalf of an agency or under the direction and control of the agency.
(2)
Agency resources provided for union use
The term  agency resources provided for union use —
(A)
means the resources of an agency, other than the time of employees in a duty status, that such agency provides to labor representatives for purposes pertaining to matters covered by this chapter, including agency office space, parking space, equipment, and reimbursement for expenses incurred while on union time or otherwise performing non-agency business; and
(B)
does not include any resource to the extent that the resource is used for agency business.
(3)
Labor organization
Notwithstanding section 7103, the term  labor organization  means a labor organization recognized as an exclusive representative of employees of an agency under this chapter or as a representative of agency employees under any system established by the Transportation Security Administration Administrator pursuant to section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935  note).
(4)
Hourly rate of pay
The term  hourly rate of pay  means the total cost to an agency of employing an employee in a pay period or pay periods, including wages, salary, and other cash payments, agency contributions to employee health and retirement benefits, employer payroll tax payments, paid leave accruals, and the cost to the agency for other benefits, divided by the number of hours that employee worked in that pay period or pay periods.
(5)
Interest rate
The term  interest rate  means the average market yield of outstanding marketable obligations of the United States having maturities of 30 years, plus 1 percentage point.
(6)
Labor representative
The term  labor representative  means an employee of an agency serving in any official or other representative capacity for a labor organization (including as any officer or steward of a labor organization) that is the exclusive representative of employees of such agency under this chapter or is the representative of employees under any system established by the Transportation Security Administration Administrator pursuant to section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935  note).
(7)
Union time
The term  union time  means the time an employee of an agency who is a labor representative for a labor organization spends performing non-agency business while on duty, either in service of that labor organization or otherwise acting in the capacity as an employee representative, including official time authorized under section 7131.
(b)
Fees for use of agency resources
(1)
In general
Notwithstanding any other provision of this chapter, the head of each agency shall charge each labor organization recognized as an exclusive representative of employees of that agency a fee each calendar quarter for the use of the resources of that agency during that quarter.
(2)
Fee calculation
The amount of the fee the head of an agency charges a labor organization under paragraph (1) with respect to a calendar quarter shall be equal to the amount that is the sum of—
(A)
the value of the union time of each labor representative for that labor organization while employed by that agency in that quarter; and
(B)
the value of agency resources provided for union use to that labor organization by that agency in that quarter.
(3)
Timing
(A)
Notice
Not later than 30 days after the end of each calendar quarter, the head of each agency shall submit to each labor organization charged a fee by that agency head under paragraph (1) with respect to that calendar quarter a notice stating the amount of that fee.
(B)
Due date
Payment of a fee charged under paragraph (1) is due not later than 60 days after the date on which the labor organization charged the fee receives a notice under subparagraph (A) with respect to that fee.
(4)
Payment
(A)
In general
Payment of a fee charged under paragraph (1) shall be made to the head of the agency that charged the fee.
(B)
Transfer to general fund
The head of an agency shall transfer each payment of a fee charged under paragraph (1) that the agency head receives to the general fund of the Treasury.
(c)
Value determinations
(1)
In general
The head of an agency charging a labor organization a fee under subsection (b) shall determine the value of union time used by labor representatives and the value of agency resources provided for union use for the purposes of paragraph (2) of that subsection in accordance with this subsection.
(2)
Values
For the purposes of paragraph (2) of subsection (b), with respect to a fee charged to a labor organization by the head of an agency under paragraph (1) of that subsection—
(A)
the value of the union time of a labor representative during a calendar quarter is equal to amount that is the product of the hourly rate of pay of that labor representative paid by that agency and the number of hours of union time of that labor representative during that calendar quarter during which that labor representative was on duty as an employee of that agency; and
(B)
that agency head shall determine the value of agency resources provided for union use during a calendar quarter using rates established by the General Services Administration, where applicable, or to the extent that those rates are inapplicable to the use of those resources, the market rate for the use of those resources, except that with respect to resources used for both agency business and for purposes pertaining to matters covered by this chapter, only the value of the portion of the use of those resources for the business of that labor organization shall be included.
(3)
Determinations not subject to review
No determination of the head of an agency described in paragraph (1) may be determined to be an unfair labor practice or subject to collective bargaining or grievance procedures under this chapter, or otherwise contested or appealed.
(d)
Enforcement and penalties
(1)
Penalties
(A)
In general
If a labor organization does not pay a fee charged to that labor organization under subsection (b)(1) on or before the date on which payment for that fee becomes due, during the period beginning on the date on which that payment becomes due and ending on the date on which every fee charged to that labor organization under that subsection is fully paid—
(i)
the amount of that fee shall be increased at a rate equal to the interest rate;
(ii)
the head of each agency shall—
(I)
beginning on the date that is 90 days after the date on which that period begins—
(aa)
deny that labor organization and the labor representatives for that labor organization any further union time;
(bb)
cease providing and the deny further use of agency resources provided for union use by that labor representatives for the business of that labor organization; and
(cc)
not be subject to—
(AA)
any grievance procedures or binding arbitration invoked by that labor organization under section 7121; or
(BB)
any unfair labor practice complaints or proceedings under this chapter pertaining to that labor organization or employees represented by that labor organization;
(II)
beginning on the date that is 180 days after the date on which that period begins—
(aa)
terminate all allotments made by or on behalf of the agency with respect to that labor organization under section 7115; and
(bb)
not authorize any allotments described in item (aa) with respect to that labor organization; and
(III)
on the date that is 365 days after the date on which that period begins, inform the Authority and that labor organization that such period has reached a duration of 365 days; and
(iii)
on the date that is 380 days after the date on which that period begins, the Authority shall terminate the certification of that labor organization as the exclusive representative of employees of that agency.
(B)
Exclusive representative prohibition
A labor organization for which the Authority terminates a certification as the exclusive representatives of employees of an agency under subparagraph (A)(iii) may not be certified as the exclusive representative of any employee of that agency unless that labor organization pays all fees charged to that labor organization by the head of that agency under subsection (b)(1), including any increases to those fees under subparagraph (A)(i).
(C)
Rule of construction
Subparagraph (A)(ii)(I)(cc) may not be construed as—
(i)
tolling any statutory or contractual deadline for the filing of a grievance, complaint of an unfair labor practice, or proceeding to binding arbitration; or
(ii)
preventing or limiting an agency from filing any grievance against a labor organization or advancing such a grievance to binding arbitration.
(2)
Time tracking
(A)
In general
Each agency shall track the use of union time by labor representatives using the applicable time and attendance tracking system of that agency.
(B)
Failure to record
(i)
In general
A labor representative who uses union time and fails to record that use in the applicable time and attendance tracking system shall be considered absent without leave and subject to appropriate adverse action.
(ii)
Willful or repeated failures
A failure of a labor representative described in clause (i) shall constitute an impairment to the efficient of the service if that failure is willful or occurs in the same fiscal year as another such failure by that labor representative.
(iii)
Limited review
Adverse action taken against an employee under clause (i)—
(I)
may not be determined to be an unfair labor practice or subject to grievance procedures or binding arbitration under section 7121; and
(II)
notwithstanding any other provision of law, shall be sustained on appeal if the determination of the agency to take that adverse action against that employee is supported by substantial evidence.
(3)
Payment required
The head of an agency may not forgive, reimburse, waive, or in any other manner reduce any fee charged under this section.
(4)
Compliance
Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Inspector General of each agency shall—
(A)
conduct an evaluation of the compliance of that agency and each relevant labor organization with the requirements of this section, including the accuracy with which labor representatives recorded the use of union time, the promptness with which fees under subsection (b) were charged and paid, and the valuation of agency resources provided for union use by that agency pursuant to subsection (c)(2)(B); and
(B)
submit to the head of that agency, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the findings of the evaluation required by subparagraph (A).
 .
(b)
Clerical amendment
The table of sections for subchapter IV of  chapter 71  of title 5, United States Code, is amended by inserting after the item relating to  section 7135  the following:
7136. Charging labor organizations for use of Federal resources.
  .