29–006 

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 

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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 

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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. 5 House Report to P.L. 105–240. 

6Letter 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. 7Letter from the Honorable John Berry, Director, Office of Personnel Management to The 

Honorable Darrell Issa, Committee on Oversight and Government Reform, February 14, 2013. 

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. 

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

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

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. 

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8P.L. 95–454, 5 U.S.C. § 7101 et seq. 

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. 

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, workplace disputes 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. 

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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. 

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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. Ofmstockstill on DSK4VPTVN1PROD with HEARINGS

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ficial 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 

§ 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 

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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. 

* * * * * * * 

Æ 

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