IB 

Union Calendar No. 94 

115TH CONGRESS 

1ST SESSION H. R. 1461 

[Report No. 115–146, Part I] 

To amend title 38, United States Code, to require the Secretary of Veterans 

Affairs to submit an annual report to Congress relating to the use 

of official time by employees of the Department of Veterans Affairs, 

to limit the instances in which official time may be granted for certain 

purposes to employees of the Department, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2017 

Mr. ARRINGTON introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

MAY 23, 2017 

Reported from the Committee on Veterans’ Affairs with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 23, 2017 

The Committee on Oversight and Government Reform discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 9, 2017] 


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A BILL 

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to submit an annual report 

to Congress relating to the use of official time by employees of the Department of Veterans Affairs, to limit the 

instances in which official time may be granted for certain purposes to employees of the Department, and for 

other purposes. 


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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 ‘‘Veterans, Employees, 

5 and Taxpayers Protection Act of 2017’’ or the ‘‘VET Protec6 tion Act of 2017’’. 

7 SEC. 2. LABOR MANAGEMENT IN DEPARTMENT OF VET8 ERANS AFFAIRS. 

9 (a) IN GENERAL.—Chapter 7 of title 38, United States 

10 Code, is amended by adding at the end the following new 

11 subchapter: 

12 ‘‘SUBCHAPTER III—LABOR MANAGEMENT 

13 ‘‘§ 741. Records on use of official time 

14 ‘‘(a) TRACKING OF OFFICIAL TIME.—The Secretary 

15 shall track the use of official time by employees of the De16 partment of Veterans Affairs in a manner that accounts 

17 for such time accurately and to a specific degree without 

18 the use of estimates or ranges of time. 

19 ‘‘(b) ANNUAL REPORT.—(1) Not later than December 

20 31 of each year, the Secretary shall submit to the Office 

21 of Personnel Management and the Committees on Veterans’ 

22 Affairs of the House of Representatives and the Senate a 

23 report on the use of official time by employees of the Depart24 ment during the most recently ended fiscal year. 


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1 ‘‘(2) Each report under paragraph (1) shall include, 

2 with respect to the fiscal year covered by the report, the 

3 following information: 

4 ‘‘(A) The total amount of official time granted to 

5 employees. 

6 ‘‘(B) The total amount of official time expended 

7 and the amount of official time expended per em8 ployee for term negotiations, mid-term negotiations, 

9 general labor-management relations, and dispute reso10 lution. 

11 ‘‘(C) The specific types of activities or purposes 

12 for which official time was granted, and the impact 

13 which the granting of such official time for such ac14 tivities or purposes had on the operations of the De15 partment. 

16 ‘‘(D) The total number of employees to whom of17 ficial time was granted, and, of that total, the number 

18 who were not engaged in any activities or purposes 

19 except activities or purposes involving the use of offi20 cial time. 

21 ‘‘(E) The total annual salary, job title, and 

22 amount of official time afforded to any employee. 

23 ‘‘(F) A description of any room or space des24 ignated at the Department where official time activiVerDate Sep 11 2014 21:28 May 23, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1461.RH H1461

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1 ties will be conducted, including the square footage of 

2 any such room or space. 

3 ‘‘(G) A list of any employee granted a waiver 

4 under section 742(d) and justification for each such 

5 waiver. 

6 ‘‘(c) DEFINITION OF OFFICIAL TIME.—For purposes of 

7 this section, the term ‘official time’ means any period of 

8 time— 

9 ‘‘(1) which may be granted to an employee under 

10 chapter 71 of title 5 (including a collective bar11 gaining agreement entered into under such chapter) 

12 or chapter 74 of this title to perform representational 

13 or consultative functions; and 

14 ‘‘(2) during which the employee would otherwise 

15 be in a duty status. 

16 ‘‘§ 742. Limitations on use of official time for certain 

17 purposes and individuals 

18 ‘‘(a) POLITICAL ACTIVITIES AND LOBBYING.—Not19 withstanding section 7131 of title 5 or any other provision 

20 of law, any employee of the Department may not use official 

21 time to carry out political activities or activities relating 

22 to lobbying. 

23 ‘‘(b) PROHIBITION ON USE OF OFFICIAL TIME BY CER24 TAIN EMPLOYEES.—The following employees of the Depart25 ment may not use official time for any purpose: 


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1 ‘‘(1) Any employee appointed under section 

2 7401(1). 

3 ‘‘(2) Any employee with an annual rate of basic 

4 pay equal to or greater than $100,000. 

5 ‘‘(3) Any employee who is serving a proba6 tionary period. 

7 ‘‘(c) LIMITATION ON ALL EMPLOYEES.—Any employee 

8 of the Department not covered by subsection (b) may spend 

9 no more than 25 percent of the time such employee would 

10 otherwise be in a duty status on official time. 

11 ‘‘(d) WAIVER.—(1) The Secretary may waive the re12 quirements of subsection (b) or (c) with respect to an em13 ployee of the Department if the Secretary certifies, in writ14 ing, that the waiver is reasonable, necessary, and in the 

15 best interests of veterans. 

16 ‘‘(2) The authority provided to the Secretary under 

17 this subsection shall not be subject to bargaining under this 

18 title or chapter 71 of title 5, and the exercise of, or failure 

19 to exercise, such authority shall not be an unfair labor prac20 tice under this title or such chapter. 

21 ‘‘(e) DEFINITION OF OFFICIAL TIME.—For purposes of 

22 this section, the term ‘official time’ has the meaning given 

23 that term in section 741(c). 


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1 ‘‘§ 743. Termination of collection of dues 

2 ‘‘Notwithstanding section 7115 of title 5, any exclusive 

3 bargaining agreement entered into pursuant to chapter 71 

4 of such title by the Department shall provide that an em5 ployee of the Department may terminate a voluntary allot6 ment for the payment of dues at any time. Any deductions 

7 for dues made pursuant to such allotment shall cease begin8 ning on the first pay period after the termination is 

9 made.’’. 

10 (b) APPLICABILITY.—Sections 742 and 743 of title 38, 

11 United States Code, as added by subsection (a), shall apply 

12 with respect to any collective bargaining agreement entered 

13 into before, on, or after the date of enactment of this Act. 

14 (c) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by adding at the 

16 end the following: 

‘‘SUBCHAPTER III—LABOR MANAGEMENT

‘‘741. Records on use of official time. 

‘‘742. Limitations on use of official time for certain purposes and individuals. 

‘‘743. Termination of collection of dues.’’. 

17 SEC. 3. REQUIRED PROBATIONARY PERIOD FOR NEW EM18 PLOYEES OF DEPARTMENT OF VETERANS AF19 FAIRS. 

20 (a) PROBATIONARY PERIOD.— 

21 (1) IN GENERAL.—Chapter 7 of title 38, United 

22 States Code, is further amended by inserting after sec23 tion 717 the following new section: 


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1 ‘‘§ 719. Probationary period for employees 

2 ‘‘(a) IN GENERAL.—Notwithstanding sections 3321 

3 and 3393(d) of title 5, the appointment of a covered em4 ployee shall become final only after such employee has 

5 served a probationary period of 2 years. 

6 ‘‘(b) COVERED EMPLOYEE.—In this section, the term 

7 ‘covered employee’— 

8 ‘‘(1) means any individual— 

9 ‘‘(A) appointed to a permanent position 

10 within the competitive service at the Depart11 ment; or 

12 ‘‘(B) appointed as a career appointee (as 

13 that term is defined in section 3132(a)(4) of title 

14 5) within the Senior Executive Service at the 

15 Department; and 

16 ‘‘(2) does not include any individual with a pro17 bationary period prescribed by section 7403 of this 

18 title. 

19 ‘‘(c) PERMANENT HIRES.—Not later than 90 days be20 fore the expiration of a covered employee’s probationary pe21 riod under subsection (a), the supervisor of the employee 

22 shall determine whether the appointment becomes final 

23 based on regulations prescribed for such purpose by the Sec24 retary. 

25 ‘‘(d) APPLICATION.—With respect to any individual 

26 described in subsection (b)(1)(A) and to whom this section 


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1 applies, sections 7501(1) and 7511(a)(1)(A)(ii) of title 5 

2 shall be applied to such individual by substituting ‘com3 pleted 2 years’ for ‘completed 1 year’ in each instance it 

4 appears.’’. 

5 (2) CLERICAL AND CONFORMING AMENDMENTS.— 

6 (A) CLERICAL.—The table of sections at the 

7 beginning of such chapter, as amended by section 

8 2, is further amended by inserting after the item 

9 relating to section 717 the following new item: 

‘‘719. Probationary period for employees.’’. 

10 (B) CONFORMING.—Title 5, United States 

11 Code, is amended— 

12 (i) in section 3321(c)— 

13 (I) by striking ‘‘Service, or’’ and 

14 inserting ‘‘Service,’’; and 

15 (II) by inserting at the end before 

16 the period the following: ‘‘, or any in17 dividual covered by section 719 of title 

18 38’’; 

19 (ii) in section 3393(d), by inserting at 

20 the end before the period the following: ‘‘or 

21 section 719 of title 38’’; 

22 (iii) in sections 7501(1) and 

23 7511(a)(1)(A)(ii), by inserting ‘‘or section 

24 719 of title 38’’ after ‘‘title 10’’ in each in25 stance it appears; and 


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1 (iv) in section 7541(1)(A)— 

2 (I) by striking ‘‘title or’’ and in3 serting ‘‘title,’’; and 

4 (II) by inserting at the end before 

5 the semicolon the following: ‘‘, or sec6 tion 719 of title 38’’. 

7 (b) APPLICATION.—Section 719 of title 38, United 

8 States Code, as added by subsection (a)(1), shall apply to 

9 any covered employee (as that term is defined in subsection 

10 (b) of such section 719, as so added) appointed after the 

11 date of the enactment of this Act. 


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Union Calendar No. 94 

115TH CONGRESS 

1ST SESSION H. R. 1461 

[Report No. 115–146, Part I] 

A BILL 

To amend title 38, United States Code, to require 

purposes. to employees of the Department, and for other official time may be granted for certain purposes Veterans Affairs, to limit the instances in which official time by employees of the Department of annual report to Congress relating to the use of the Secretary of Veterans Affairs to submit an 

MAY 23, 2017 

Reported from the Committee on Veterans’ Affairs with 

M

an amendment 

AY 23, 2017 

The Committee on Oversight and Government Reform 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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