I 

118TH CONGRESS 

2D SESSION H. R. 9594 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 16, 2024 

Mr. PERRY introduced the following bill; which was referred to the Committee 

on Oversight and Accountability 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Taxpayers’ 

5 Wallets Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 9594 IH

1 SEC. 2. CHARGING LABOR ORGANIZATIONS FOR USE OF 

2 FEDERAL RESOURCES. 

3 (a) IN GENERAL.—Chapter 71 of title 5, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 7136. Charging labor organizations for use of Fed7 eral resources 

8 ‘‘(a) FEES FOR USE OF AGENCY RESOURCES.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of this chapter, the head of each agency 

11 shall charge each labor organization recognized as 

12 an exclusive representative of employees of such 

13 agency a fee each calendar quarter for the use of the 

14 resources of such agency during such quarter. 

15 ‘‘(2) FEE CALCULATION.—The amount of the 

16 fee the head of an agency charges a labor organiza17 tion under paragraph (1) with respect to a calendar 

18 quarter shall be equal to the amount that is the sum 

19 of— 

20 ‘‘(A) the value of the union time of each 

21 labor representative for such labor organization 

22 while employed by such agency in such quarter; 

23 and 

24 ‘‘(B) the value of agency resources pro25 vided for union use to such labor organization 

26 by such agency in such quarter. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 9594 IH

1 ‘‘(3) TIMING.— 

2 ‘‘(A) NOTICE.—Not later than 30 days 

3 after the end of each calendar quarter, the head 

4 of each agency shall submit to each labor orga5 nization charged a fee by such head under 

6 paragraph (1) with respect to such calendar 

7 quarter a notice stating the amount of such fee. 

8 ‘‘(B) DUE DATE.—Payment of a fee 

9 charged under paragraph (1) is due not later 

10 than 60 days after the date on which the labor 

11 organization charged such fee receives a notice 

12 under paragraph (A) with respect to such fee. 

13 ‘‘(4) PAYMENT.— 

14 ‘‘(A) IN GENERAL.—Payment of a fee 

15 charged under paragraph (1) shall be made to 

16 the head of the agency that charged such fee. 

17 ‘‘(B) TRANSFER TO GENERAL FUND.—The 

18 head of an agency shall transfer each payment 

19 of a fee charged under paragraph (1) that such 

20 head receives to the general fund of the Treas21 ury. 

22 ‘‘(b) VALUE DETERMINATIONS.— 

23 ‘‘(1) IN GENERAL.—The head of an agency 

24 charging a labor organization a fee under subsection 

25 (a) shall determine the value of union time used by 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 9594 IH

1 labor representatives and the value of agency re2 sources provided for union use for the purposes of 

3 paragraph (2) of such subsection in accordance with 

4 this subsection. 

5 ‘‘(2) VALUES.—For the purposes of paragraph 

6 (2) of subsection (a), with respect to a fee charged 

7 to a labor organization by the head of an agency 

8 under paragraph (1) of such subsection— 

9 ‘‘(A) the value of the union time of a labor 

10 representative during a calendar quarter is 

11 equal to amount that is the product of the 

12 hourly rate of pay of such labor representative 

13 paid by such agency and the number of hours 

14 of union time of such labor representative dur15 ing such calendar quarter during which such 

16 labor representative was on duty as an em17 ployee of such agency; and 

18 ‘‘(B) such head of such agency shall deter19 mine the value of agency resources provided for 

20 union use during a calendar quarter using rates 

21 established by the General Services Administra22 tion, where applicable, or to the extent that 

23 such rates are inapplicable to such the use of 

24 such resources, the market rate for the use of 

25 such resources, except that with respect to reVerDate Sep 11 2014 00:53 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9594.IH H9594

kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 9594 IH

1 sources used for both agency business and for 

2 purposes pertaining to matters covered by this 

3 chapter, only the value of the portion of the use 

4 of such resources for the business of such labor 

5 organization shall be included. 

6 ‘‘(3) DETERMINATIONS NOT SUBJECT TO RE7 VIEW.—No determination of the head of an agency 

8 described in paragraph (1) may be determined to be 

9 an unfair labor practice or subject to collective bar10 gaining or grievance procedures under this chapter, 

11 or otherwise contested or appealed. 

12 ‘‘(c) ENFORCEMENT AND PENALTIES.— 

13 ‘‘(1) PENALTIES.— 

14 ‘‘(A) IN GENERAL.—If a labor organization 

15 does not pay a fee charged to such labor orga16 nization under subsection (a)(1) on or before 

17 the date on which payment for such fee be18 comes due, during the period beginning on the 

19 date on which such payment becomes due and 

20 ending on the date on which every fee charged 

21 to such labor organization under such sub22 section is fully paid— 

23 ‘‘(i) the amount of such fee shall be 

24 increased at a rate equal to the interest 

25 rate; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 9594 IH

1 ‘‘(ii) the head of each agency shall— 

2 ‘‘(I) beginning on the date that is 

3 90 days after the date on which such 

4 period begins— 

5 ‘‘(aa) deny such labor orga6 nization and the labor represent7 atives for such labor organization 

8 any further union time; 

9 ‘‘(bb) cease providing and 

10 the deny further use of agency 

11 resources provided for union use 

12 by such labor representatives for 

13 the business of such labor organi14 zation; and 

15 ‘‘(cc) not be subject to— 

16 ‘‘(AA) any grievance 

17 procedures or binding arbi18 tration invoked by such 

19 labor organization under 

20 section 7121; or 

21 ‘‘(BB) any unfair labor 

22 practice complaints or pro23 ceedings under this chapter 

24 pertaining to such labor or25 ganization or employees repVerDate Sep 11 2014 00:53 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9594.IH H9594

kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 9594 IH

1 resented by such labor orga2 nization; and 

3 ‘‘(II) beginning on the date that 

4 is 180 days after the date on which 

5 such period begins— 

6 ‘‘(aa) terminate all allot7 ments made by or on behalf of 

8 the agency with respect to such 

9 labor organization under section 

10 7115; and 

11 ‘‘(bb) not authorize any such 

12 allotments with respect to such 

13 labor organization; and 

14 ‘‘(III) on the date that is 365 

15 days after the date on which such pe16 riod begins, inform the Authority and 

17 such labor organization that such pe18 riod has reached a duration of 365 

19 days; and 

20 ‘‘(iii) on the date that is 380 days 

21 after the date on which such period begins, 

22 the Authority shall terminate the certifi23 cation of such labor organization as the ex24 clusive representative of employees of such 

25 agency. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 9594 IH

1 ‘‘(B) EXCLUSIVE REPRESENTATIVE PROHI2 BITION.—A labor organization for which the 

3 Authority terminates a certification as the ex4 clusive representatives of employees of an agen5 cy under subparagraph (A)(iii) may not be cer6 tified as the exclusive representative of any em7 ployee of such agency unless such labor organi8 zation pays all fees charged to such labor orga9 nization by the head of such agency under sub10 section (a)(1), including any increases to such 

11 fees under subparagraph (A)(i). 

12 ‘‘(C) RULE OF CONSTRUCTION.—Subpara13 graph (A)(ii)(I)(cc) may not be construed as— 

14 ‘‘(i) tolling any statutory or contrac15 tual deadline for the filing of a grievance, 

16 complaint of an unfair labor practice, or 

17 proceeding to binding arbitration; or 

18 ‘‘(ii) preventing or limiting an agency 

19 from filing any grievance against a labor 

20 organization or advancing such grievances 

21 to binding arbitration. 

22 ‘‘(2) TIME TRACKING.— 

23 ‘‘(A) IN GENERAL.—Each agency shall 

24 track the use of union time by labor representaVerDate Sep 11 2014 00:53 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9594.IH H9594

kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 9594 IH

1 tives using the applicable time and attendance 

2 tracking system of such agency. 

3 ‘‘(B) FAILURE TO RECORD.— 

4 ‘‘(i) IN GENERAL.—A labor represent5 ative who uses union time and fails to 

6 record such use in the applicable time and 

7 attendance tracking system shall be consid8 ered absent without leave and subject to 

9 appropriate adverse action. 

10 ‘‘(ii) WILLFUL OR REPEATED FAIL11 URES.—A failure of a labor representative 

12 described in clause (i) shall constitute an 

13 impairment to the efficient of the service if 

14 such failure is willful or occurs in the same 

15 fiscal year as another such failure by such 

16 labor representative. 

17 ‘‘(iii) LIMITED REVIEW.—Adverse ac18 tion take against an employee under clause 

19 (i)— 

20 ‘‘(I) may not be determined to be 

21 an unfair labor practice or subject to 

22 grievance procedures or binding arbi23 tration under section 7121; and 

24 ‘‘(II) notwithstanding any other 

25 provision of law, shall be sustained on 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 9594 IH

1 appeal if the determination of the 

2 agency to take such adverse action 

3 against such employee is supported by 

4 substantial evidence. 

5 ‘‘(3) PAYMENT REQUIRED.—The head of an 

6 agency may not forgive, reimburse, waive, or in any 

7 other manner reduce any fee charged under this sec8 tion. 

9 ‘‘(4) COMPLIANCE.—Not later than two years 

10 after the date of the enactment of this section, and 

11 every two years thereafter, the Inspector General of 

12 each agency shall— 

13 ‘‘(A) conduct an evaluation of the compli14 ance of such agency and each relevant labor or15 ganization with the requirements of this section, 

16 including the accuracy with which labor rep17 resentatives recorded the use of union time, the 

18 promptness with which fees under subsection 

19 (a) were charged and paid, and the valuation of 

20 agency resources provided for union use by such 

21 agency pursuant to subsection (b)(2)(B); and 

22 ‘‘(B) submit to the head of such agency, 

23 the Committee on Oversight and Accountability 

24 of the House of Representatives, and the Com25 mittee on Homeland Security and GovernVerDate Sep 11 2014 00:53 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9594.IH H9594

kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 9594 IH

1 mental Affairs of the Senate a report on the 

2 findings of the evaluation required by subpara3 graph (A). 

4 ‘‘(d) DEFINITIONS.—In this section: 

5 ‘‘(1) AGENCY BUSINESS.—The term ‘agency 

6 business’ means work performed by employees on 

7 behalf of an agency, or under the direction and con8 trol of the agency. 

9 ‘‘(2) AGENCY RESOURCES PROVIDED FOR

10 UNION USE.—The term ‘agency resources provided 

11 for union use’ means the resources of an agency, 

12 other than the time of employees in a duty status, 

13 that such agency provides to labor representatives 

14 for purposes pertaining to matters covered by this 

15 chapter, including agency office space, parking 

16 space, equipment, and reimbursement for expenses 

17 incurred while on union time or otherwise per18 forming non-agency business, except that this term 

19 does not include any resource to the extent that such 

20 resource is used for agency business. 

21 ‘‘(3) LABOR ORGANIZATION.—The term ‘labor 

22 organization’ means a labor organization recognized 

23 as an exclusive representative of employees of an 

24 agency under this chapter or as a representative of 

25 agency employees under any system established by 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 9594 IH

1 the Transportation Security Administration Admin2 istrator pursuant to section 111(d) of the Aviation 

3 and Transportation Security Act (49 U.S.C. 44935 

4 note). 

5 ‘‘(4) HOURLY RATE OF PAY.—The term ‘hourly 

6 rate of pay’ means the total cost to an agency of em7 ploying an employee in a pay period or pay periods, 

8 including wages, salary, and other cash payments, 

9 agency contributions to employee health and retire10 ment benefits, employer payroll tax payments, paid 

11 leave accruals, and the cost to the agency for other 

12 benefits, divided by the number of hours such em13 ployee worked in such pay period or pay periods. 

14 ‘‘(5) INTEREST RATE.—The term ‘interest rate’ 

15 means the average market yield of outstanding mar16 ketable obligations of the United States having ma17 turities of 30 years plus one percentage point. 

18 ‘‘(6) LABOR REPRESENTATIVE.—The term 

19 ‘labor representative’ means an employee of an agen20 cy serving in any official or other representative ca21 pacity for a labor organization (including as any of22 ficer or steward of a labor organization) that is the 

23 exclusive representative of employees of such agency 

24 under this chapter or is the representative of em25 ployees under any system established by the TransVerDate Sep 11 2014 00:53 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H9594.IH H9594

kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 9594 IH

1 portation Security Administration Administrator 

2 pursuant to section 111(d) of the Aviation and 

3 Transportation Security Act (49 U.S.C. 44935 

4 note). 

5 ‘‘(7) UNION TIME.—The term ‘union time’ 

6 means the time an employee of an agency who is a 

7 labor representative for a labor organization spends 

8 performing non-agency business while on duty, ei9 ther in service of such labor organization or other10 wise acting in the capacity as an employee represent11 ative, including official time authorized under sec12 tion 7131.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 71 of title 5, United States Code, is amended 

15 by adding at the end the following new item: 

‘‘7136. Charging labor organizations for use of Federal resources.’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB