[House Report 113-154]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-154
======================================================================
AMENDING 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
_______
July 16, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 568]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 568) 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.......................................... 4
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....................................... 5
Earmark Identification........................................... 6
Duplication of Federal Programs.................................. 6
Committee Estimate............................................... 6
Budget Authority and Congressional Budget Office Cost Estimate... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
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.
``(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
Official time is paid time spent by federal employees
performing representational functions such as negotiating
collective bargaining agreements and settling grievances
between labor and management instead of performing their
assigned government work. Accurate, timely information on the
use of official time is necessary for Congress to ensure such
time contributes to the effective conduct of public business.
H.R. 568 requires the Office of Personnel Management (OPM) to
prepare and publish an annual report to Congress on the use of
official time within the federal government.
BACKGROUND AND NEED FOR LEGISLATION
Federal labor relations law currently permits the use of
paid official time to negotiate collective bargaining
agreements, participate in proceedings before the Federal Labor
Relations Authority, and perform certain representational
activities. The use of official time must be reasonable,
necessary, and in the public interest.
In 2011, taxpayers spent $156 million for federal employees
to perform tasks for a labor union instead of their regular
work,\1\ compared to $139 million in 2010,\2\ $129 million in
2009,\3\ and approximately $96 million in 1998,\4\ when OPM
provided the first report on official time usage to Congress.
---------------------------------------------------------------------------
\1\U.S. Office of Personnel Management, Official Time Usage in the
Federal Government, Fiscal Year 2011 Survey Responses, February 2013.
\2\U.S. Office of Personnel Management, Official Time Usage in the
Federal Government, Fiscal Year 2010 Survey Responses, October 2011.
\3\U.S. Office of Personnel Management, Official Time Usage in the
Federal Government, Fiscal Year 2009 Survey Responses, May 2011.
\4\U.S. Office of Personnel Management, Official Time and Services
Used by Unions Representing Federal Employees, November 1998. This
report only collected data for the first 6 months of the 1998 calendar
year, with the cost of official time reported at $48 million. The $96
million annual figure was extrapolated by doubling the $48 million
figure.
---------------------------------------------------------------------------
When a federal worker is on official time, he or she is not
available to perform the duties assigned to their regular
position. The employing agency must then decide whether to
delay the assignment, assign the task to other employees, or
use overtime. There is no correlation between official time and
an employee's regular duties. As a result, an employee using
official time continues to receive pay and fringe benefits at
the rate associated with their job classification rather than
the rate commensurate with the duties being performed on
official time.
There are no current requirements, statutory or otherwise,
for OPM to track federal employees' use of official time. OPM
issued its first report on official time usage in 1998,
pursuant to a requirement in the House report accompanying H.R.
2378, the Treasury, Postal Service, and General Government
Appropriations bill for FY1998.\5\
---------------------------------------------------------------------------
\5\House Report to P.L. 105-240.
---------------------------------------------------------------------------
As a matter of practice, OPM has continued to provide
reports on the use of official time by federal workers since
2002. However, OPM's current process results in untimely
reports. For example, the fiscal year 2009 report was provided
to Congress in May 2011 in response to a letter from the
Committee, 20 months after the reporting period had ended.\6\
The fiscal year 2010 report was delivered to Congress in
October 2011. The fiscal year 2011 report was provided in
February 2013, following a letter from the Committee. In
transmitting the fiscal year 2011 report, OPM stated
``regrettably, a comprehensive report for FY2012 has not been
developed and is not available at this time.''\7\
---------------------------------------------------------------------------
\6\Letter from the Honorable John Berry, Director, Office of
Personnel Management to the Honorable Darrell Issa and the Honorable
Dennis A. Ross, Committee on Oversight and Government Reform, May 17,
2011.
\7\Letter from the Honorable John Berry, Director, Office of
Personnel Management to The Honorable Darrell Issa, Committee on
Oversight and Government Reform, February 14, 2013.
---------------------------------------------------------------------------
Continued and timely release of official time information
is necessary for the Committee and taxpayers to assess the
extent to which such time contributes to the productivity and
effectiveness of the federal government. H.R. 568 provides a
mechanism to ensure Congress receives timely information and
data necessary to evaluate whether official time is being used
in the public interest and is contributing to the effective
conduct of public business.
LEGISLATIVE HISTORY
The Civil Service Reform Act of 1978\8\ allows federal
employees to bargain collectively through labor organizations
of their choice, and thereby participate with agency management
in the development of personnel policies and other decisions
that affect their working lives. Official time for collective
bargaining and activities authorized by the Federal Labor
Relations Authority is provided as a matter of statutory right.
Official time for other purposes is negotiated in the amount
the agency and union involved agree to be reasonable,
necessary, and in the public interest.
---------------------------------------------------------------------------
\8\P.L. 95-454, 5 U.S.C. Sec. 7101 et seq.
---------------------------------------------------------------------------
H.R. 568 was introduced on February 6, 2013, by Rep. Dennis
Ross (R-FL). The legislation is similar to legislation
introduced by Rep. Ross in the 112th Congress, H.R. 2066.
During the 112th Congress, the Committee held a hearing on June
1, 2011 to review the use of official time by federal workers.
Section-by-Section
Section 1. Reporting requirement
Requires OPM, in consultation with the Office of Management
and Budget, to annually report to 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 specific types
of activities for which official time was used--such as mid-
term negotiations, dispute resolution, or general labor-
management relations--as well as the impact granting official
time had on agency operations. In describing the impact of
official time on agency operations, agencies should include a
discussion of how official time improved overall employee and
agency productivity and performance against established goals
and how official time improved agency operations. Such
assessment may take into consideration such factors as
productivity, efficiency, costs, employee performance and
engagement, working conditions, work environment, labor-
management relations, workplacedisputes and litigation, and
quality of products and services. OPM must also report on the number of
agency employees who are on 100 percent official time.
Reports are due March 31 following the reportable fiscal
year.
Explanation of Amendments
Mr. Issa offered an amendment in the nature of a substitute
directing agencies to provide OPM the information needed to
compile the official time report, and clarifying the required
elements of the report. The amendment was agreed to by voice
vote.
Committee Consideration
On May 22, 2013, the Committee met in open session and
ordered reported favorably the bill, H.R. 568, as amended, by
voice vote, a quorum being present.
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 OPM, in consultation with the Office of
Management and Budget, to annually report to Congress on the
use of official time by federal employees. 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
goals and objectives are reflected in the descriptive portions
of this report.
Duplication of Federal Programs
No provision of H.R. 568 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
H.R. 568 requires the Office of Personnel Management, in
consultation with the Office of Management and Budget, to
submit to Congress an annual report on official time usage
within the federal government.
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
H.R. 568 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Duplication of Federal Programs
H.R. 568 does not establish or reauthorize a Program of the
Federal Government known to be duplicative of another Federal
program.
Committee Estimate
Clause 3(d)(2) 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
H.R. 568. However, clause 3(d)(3)(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.
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 H.R. 568 from the Director of
Congressional Budget Office:
June 26, 2013.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 568, 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 568--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. 568 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 impact on the federal budget because it would
not significantly add to administrative costs. Most of the
information needed for the reports required under the bill is
currently collected. The legislation also 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 not be significant. Enacting the bill would not affect
revenues.
H.R. 568 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 Theresa Gullo, 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 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.
(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.
* * * * * * *