Accountable Feds Act

To enhance accountability and efficiency in the Federal civil service, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Accountable Federal Employees Act Accountable Feds Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Creating Schedule F in the Excepted Service Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Schedule F of the excepted service. Sec. 104. Executive agency actions. Sec. 105. Definitions. Title II—Removal Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Principles for accountability in the Federal workforce. Sec. 204. Standard for negotiating grievance procedures. Sec. 205. Managing the Federal workforce. Sec. 206. Ensuring integrity of personnel files. Sec. 207. Data collection of adverse actions. Sec. 208. Implementation. Sec. 209. General provisions. Title III—Union Time Sec. 301. Short title. Sec. 302. Purposes. Sec. 303. Definitions. Sec. 304. Standards for reasonable and efficient taxpayer-funded union time usage. Sec. 305. Employee conduct with regard to agency time and resources. Sec. 306. Preventing unlawful or unauthorized expenditures. Sec. 307. Agency reporting requirements. Sec. 308. Public disclosure and transparency. Sec. 309. Implementation and renegotiation of collective bargaining agreements. Title IV—Cost Reducing in Collective Bargaining Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Definitions. Sec. 404. Interagency labor relations working group. Sec. 405. Collective bargaining objectives. Sec. 406. Collective bargaining procedures. Sec. 407. Permissive bargaining. Sec. 408. Efficient bargaining over procedures and appropriate arrangements. Sec. 409. Public accessibility. Sec. 410. Lack of report. Sec. 411. Application. I Creating Schedule F in the Excepted Service 101. Short title This title may be cited as the Creating Schedule F in the Excepted Service Act 102. Findings Congress finds the following: (1) To effectively carry out the broad array of activities assigned to the executive branch under law, the President and his appointees must rely on men and women in the Federal service employed in positions of a confidential, policy-determining, policy-making, or policy-advocating character. Faithful execution of the law requires that the President have appropriate management oversight regarding this select cadre of professionals. (2) The Federal Government benefits from career professionals in positions that are not normally subject to change as a result of a Presidential transition but who discharge significant duties and exercise significant discretion in formulating and implementing executive branch policy and programs under the laws of the United States. The heads of executive departments and agencies (agencies) and the American people also entrust these career professionals with non-public information that must be kept confidential. (3) With the exception of attorneys in the Federal service who are appointed pursuant to schedule A of the excepted service and members of the Senior Executive Service, appointments to these positions are generally made through the competitive service. Given the importance of the functions they discharge, employees in such positions must display appropriate temperament, acumen, impartiality, and sound judgment. (4) Due to these requirements, agencies should have a greater degree of appointment flexibility with respect to these employees than is afforded by the existing competitive service process. (5) Further, effective performance management of employees in confidential, policy-determining, policy-making, or policy-advocating positions is of the utmost importance. Unfortunately, the Government’s current performance management is inadequate, as recognized by Federal workers themselves. For instance, the 2016 Merit Principles Survey reveals that less than a quarter of Federal employees believe their agency addresses poor performers effectively. (6) Separating employees who cannot or will not meet required performance standards is important, and it is particularly important with regard to employees in confidential, policy-determining, policy-making, or policy-advocating positions. High performance by such employees can meaningfully enhance agency operations, while poor performance can significantly hinder them. Senior agency officials report that poor performance by career employees in policy-relevant positions has resulted in long delays and substandard-quality work for important agency projects, such as drafting and issuing regulations. (7) Conditions of good administration make necessary an exception to the competitive hiring rules and examinations for career positions in the Federal service of a confidential, policy-determining, policy-making, or policy-advocating character. These conditions include the need to provide agency heads with additional flexibility to assess prospective appointees without the limitations imposed by competitive service selection procedures. Placing these positions in the excepted service will mitigate undue limitations on their selection. This action will also give agencies greater ability and discretion to assess critical qualities in applicants to fill these positions, such as work ethic, judgment, and ability to meet the particular needs of the agency. These are all qualities individuals should have before wielding the authority inherent in their prospective positions, and agencies should be able to assess candidates without proceeding through complicated and elaborate competitive service processes or rating procedures that do not necessarily reflect their particular needs. (8) Conditions of good administration similarly make necessary excepting such positions from the adverse action procedures set forth in chapter 75 Chapter 75 103. Schedule F of the excepted service (a) In general Appointments of individuals to positions of a confidential, policy-determining, policy-making, or policy-advocating character that are not normally subject to change as a result of a Presidential transition shall be made under schedule F of the excepted service, as established by subsection (b). (b) Regulations The Director of the Office of Personnel Management shall— (1) amend section 6.2 of title 5, Code of Federal Regulations, to read as follows: OPM shall list positions that it excepts from the competitive service in Schedules A, B, C, D, E, and F, which schedules shall constitute parts of this rule, as follows: Schedule A. Positions other than those of a confidential or policy-determining character for which it is not practicable to examine shall be listed in Schedule A. Schedule B. Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination shall be listed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examination as may be prescribed by OPM. Schedule C. Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition shall be listed in Schedule C. Schedule D. Positions other than those of a confidential or policy-determining character for which the competitive service requirements make impracticable the adequate recruitment of sufficient numbers of students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs. These positions, which are temporarily placed in the excepted service to enable more effective recruitment from all segments of society by using means of recruiting and assessing candidates that diverge from the rules generally applicable to the competitive service, shall be listed in Schedule D. Schedule E. Position of administrative law judge appointed under 5 U.S.C. 3105 Schedule F. Positions of a confidential, policy-determining, policy-making, or policy-advocating character not normally subject to change as a result of a Presidential transition shall be listed in Schedule F. In appointing an individual to a position in Schedule F, each agency shall follow the principle of veteran preference as far as administratively feasible ; (2) amend section 6.4 of title 5, Code of Federal Regulations, to read as follows: Except as required by statute, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedules A, C, D, E, or F, or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall apply to removals from positions listed in Schedule B of persons who have competitive status. ; (3) adopt such regulations as the Director determines may be necessary to implement this title, including, as appropriate, amendments to or rescissions of regulations that are inconsistent with, or that would impede the implementation of, this title, giving particular attention to— (A) section 302.101 of title 5, Code of Federal Regulations; (B) subpart D of part 212 of such title; and (C) subparts A and C of part 213 of such title; and (4) provide guidance on conducting a swift, orderly transition from the existing appointment processes to the schedule F process established by this title. 104. Executive agency actions (a) Review (1) In general Each Executive agency head shall conduct, not later than 90 days after the date of enactment of this Act, a preliminary review of the positions in the Executive agency that are covered by subchapter II of chapter 75 chapter 75 (2) Petitions (A) In general Following a review under paragraph (1), each agency head shall, for positions not excepted from the competitive service by statute, petition the Director to place in schedule F any such competitive service, schedule A, schedule B, or schedule D positions in the Executive agency that the agency head determines to be of a confidential, policy-determining, policy-making, or policy-advocating character and that are not normally subject to change as a result of a Presidential transition. (B) Petition explanation Any petition submitted under subparagraph (A) shall include a written explanation documenting the basis for the agency head’s determination that such position should be placed in schedule F. (3) Determinations (A) In general Following a review under paragraph (1), each agency head shall, for positions excepted from the competitive service by statute, determine which such positions are of a confidential, policy-determining, policy-making, or policy-advocating character and are not normally subject to change as a result of a Presidential transition. (B) Determination effect A position which the agency head determines under subparagraph (A) to be of a confidential, policy-determining, policy-making, or policy-advocating character and not normally subject to change as a result of a Presidential transition shall be considered a schedule F position for the purposes of Executive agency actions under subsections (d) and (f). (C) Publication An agency head shall publish each determination made under subparagraph (A) in the Federal Register. (b) Applicability The requirements set forth in subsection (a) shall apply to currently existing positions and newly created positions. (c) Additional consideration When conducting the review required by subsection (a), each agency head should give particular consideration to the appropriateness of either petitioning the Director to place in schedule F or including in the determination published in the Federal Register, as applicable, positions of which the duties include any of the following: (1) Substantive participation in the advocacy for or development or formulation of policy, especially— (A) substantive participation in the development or drafting of regulations and guidance; or (B) substantive policy-related work in an Executive agency or Executive agency component that primarily focuses on policy. (2) The supervision of attorneys. (3) Substantial discretion to determine the manner in which the Executive agency exercises functions committed to the agency by law. (4) Viewing, circulating, or otherwise working with proposed regulations, guidance, executive orders, or other non-public policy proposals or deliberations generally covered by deliberative process privilege and either— (A) directly reporting to or regularly working with an individual appointed by either the President or an agency head who is paid at a rate not less than that earned by employees at Grade 13 of the General Schedule; or (B) working in the Executive agency or Executive agency component executive secretariat (or equivalent). (5) Conducting, on the Executive agency’s behalf, collective bargaining negotiations under chapter 71 (d) Petition decision The Director shall promptly determine whether to grant any petition under subsection (a). Not later than December 31 of each year, the Director shall report to the President, through the Director of the Office of Management and Budget and the Assistant to the President for Domestic Policy, concerning the number of petitions granted and denied for that year for each Executive agency. (e) Collective bargaining exclusions Each agency head shall, as necessary and appropriate, expeditiously petition the Federal Labor Relations Authority to determine whether any schedule F position must be excluded from a collective bargaining unit under section 7112(b) of title 5, United States Code, paying particular attention to the question of whether incumbents in such positions are required or authorized to formulate, determine, or influence the policies of the agency. (f) Prohibited personnel practices Agency heads shall establish rules to prohibit the personnel practices prohibited by section 2302(b) of title 5, United States Code, with respect to any employee or applicant for employment in schedule F of the excepted service. 105. Definitions In this title: (1) Agency head The term agency head (2) Director The term Director (3) Executive agency The term Executive agency (4) Normally subject to change as a result of a Presidential transition The term normally subject to change as a result of a Presidential transition II Removal 201. Short title This title may be cited as the Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles Act 202. Findings Congress finds the following: (1) Federal merit system principles call for holding Federal employees accountable for performance and conduct. (2) They state that employees should maintain high standards of integrity, conduct, and concern for the public interest, and that the Federal workforce should be used efficiently and effectively. They further state that employees should be retained based on the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards. (3) Unfortunately, implementation of America’s civil service laws has fallen far short of these ideals. (4) The Federal Employee Viewpoint Survey has consistently found that less than one-third of Federal employees believe that the Government deals with poor performers effectively. (5) Failure to address unacceptable performance and misconduct undermines morale, burdens good performers with subpar colleagues, and inhibits the ability of any agency to accomplish their missions. (6) This title advances the ability of supervisors in agencies to promote civil servant accountability consistent with merit system principles while simultaneously recognizing employees’ procedural rights and protections. 203. Principles for accountability in the Federal workforce In managing the Federal workforce, and in addition to the other requirements of this title, each agency shall, to the greatest extent practicable, adhere to and carry out the following principles: (1) Removing unacceptable performers should be a straightforward process that minimizes the burden on supervisors. Agencies shall limit opportunity periods to demonstrate acceptable performance under section 4302(c)(6) of title 5, United States Code, to the amount of time that provides sufficient opportunity to demonstrate acceptable performance. (2) Supervisors and deciding officials shall not be required to use progressive discipline. The penalty for an instance of misconduct should be tailored to the facts and circumstances. (3) Each employee’s work performance and disciplinary history is unique, and disciplinary action should be calibrated to the specific facts and circumstances of each individual employee’s situation. Conduct that justifies discipline of one employee at one time does not necessarily justify similar discipline of a different employee at a different time—particularly where the employees are in different work units or chains of supervision—and agencies are not prohibited from removing an employee simply because they did not remove a different employee for comparable conduct. Nonetheless, employees should be treated equitably, so agencies should consider appropriate comparators as they evaluate potential disciplinary actions. (4) Suspension should not be a substitute for removal in circumstances in which removal would be appropriate. Agencies should not require suspension of an employee before proposing to remove that employee, except as may be appropriate under applicable facts. (5) When taking disciplinary action, agencies should have discretion to take into account an employee’s disciplinary record and past work record, including all past misconduct—not only similar past misconduct. Agencies should provide an employee with appropriate notice when taking a disciplinary action. (6) To the extent practicable, agencies should issue decisions on proposed removals taken under chapter 75 (7) To the extent practicable, agencies should limit the written notice of adverse action to the 30 days prescribed in section 7513(b)(1) of title 5, United States Code. (8) The removal procedures set forth in chapter 75 (9) A probationary period should be used as the final step in the hiring process of a new employee. Supervisors should use that period to assess how well an employee can perform the duties of a job. A probationary period can be a highly effective tool to evaluate a candidate’s potential to be an asset to an agency before the candidate’s appointment becomes final. (10) Following issuance of regulations under section 208 of this title, agencies should prioritize performance over length of service when determining which employees will be retained following a reduction in force. 204. Standard for negotiating grievance procedures Whenever reasonable in view of the particular circumstances, agency heads shall endeavor to exclude from the application of any grievance procedures negotiated under section 7121 of title 5, United States Code, any dispute concerning decisions to remove any employee from Federal service for misconduct or unacceptable performance. Each agency shall commit the time and resources necessary to achieve this goal and to fulfill its obligation to bargain in good faith. If an agreement cannot be reached, the agency shall promptly request the assistance of the Federal Mediation and Conciliation Service and, as necessary, the Federal Service Impasses Panel in the resolution of the disagreement. Not later than 30 days after the date of adoption of any collective bargaining agreement that fails to achieve this goal, the agency head shall provide an explanation to the President, through the Director of the Office of Personnel Management (in this title referred to as the Director 205. Managing the Federal workforce To promote good morale in the Federal workforce, employee accountability, and high performance, and to ensure the effective and efficient accomplishment of agency missions and the efficiency of the Federal service, no agency shall— (1) subject to grievance procedures or binding arbitration disputes concerning— (A) the assignment of ratings of record; or (B) the award of any form of incentive pay, including cash awards; quality step increases; or recruitment, retention, or relocation payments; (2) make any agreement, including a collective bargaining agreement— (A) that limits the agency’s discretion to employ the removal procedures set forth in chapter 75 (B) that requires the use of procedures under chapter 43 (C) that limits the agency’s discretion to remove an employee from Federal service without first engaging in progressive discipline; or (3) generally afford an employee more than a 30-day period to demonstrate acceptable performance under section 4302(c)(6) of title 5, United States Code, except when the agency determines in its sole and exclusive discretion that a longer period is necessary to provide sufficient time to evaluate an employee’s performance. 206. Ensuring integrity of personnel files Agencies shall not agree to erase, remove, alter, or withhold from another agency any information about a civilian employee’s performance or conduct in that employee’s official personnel records, including an employee’s Official Personnel Folder and Employee Performance File, as part of, or as a condition to, resolving a formal or informal complaint by the employee or settling an administrative challenge to an adverse personnel action. 207. Data collection of adverse actions (a) In general For fiscal year 2021 and for each fiscal year thereafter, each agency shall provide, to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report containing information on— (1) the number of civilian employees in a probationary period or otherwise employed for a specific term who were removed by the agency; (2) the number of civilian employees reprimanded in writing by the agency; (3) the number of civilian employees afforded an opportunity period by the agency under section 4302(c)(6) of title 5, United States Code, breaking out the number of such employees receiving an opportunity period longer than 30 days; (4) the number of adverse personnel actions taken against civilian employees by the agency, broken down by type of adverse personnel action, including reduction in grade or pay (or equivalent), suspension, and removal; (5) the number of decisions on proposed removals by the agency taken under chapter 75 (6) the number of adverse personnel actions by the agency for which employees received written notice in excess of the 30 days prescribed in section 7513(b)(1) of title 5, United States Code; (7) the number and key terms of settlements reached by the agency with civilian employees in cases arising out of adverse personnel actions; and (8) the resolutions of litigation about adverse personnel actions involving civilian employees reached by the agency. (b) Publication To enhance public accountability of agencies for their management of the Federal workforce, the Director shall, consistent with applicable law, publish the information received under subsection (a) of this section, at the minimum level of aggregation necessary to protect personal privacy. The Director may withhold particular information if publication would unduly risk disclosing information protected by law, including personally identifiable information. (c) Guidance Not later than 60 days after the date of enactment of this Act, the Director shall issue guidance regarding the implementation of this section, including with respect to any exemptions necessary for compliance with applicable law and the reporting format for submissions required by subsection (a). 208. Implementation (a) In general Not later than 45 days after the date of enactment of this Act, the Director shall examine whether existing regulations effectuate the principles set forth in section 203 and the requirements of sections 204, 205, 206, and 207. To the extent necessary or appropriate, the Director shall, as soon as practicable, propose for notice and public comment appropriate regulations to effectuate the principles set forth in section 203 and the requirements of sections 204, 205, 206, and 207. (b) Revision of policies The head of each agency shall take steps to conform internal agency discipline and unacceptable performance policies to the principles and requirements of this title. Each agency head shall— (1) not later than 45 days after the date of enactment of this Act, revise its discipline and unacceptable performance policies to conform to the principles and requirements of this title, in areas where new final Office of Personnel Management regulations are not required, and shall further revise such policies as necessary to conform to any new final Office regulations, within 45 days of the issuance of such regulations; and (2) renegotiate, as applicable, any collective bargaining agreement provisions that are inconsistent with any part of this title or any final Office of Personnel Management regulations promulgated pursuant to this title. (c) Collective bargaining In carrying out subsection (b)(2), each agency shall give any contractually required notice of its intent to alter the terms of such agreement and reopen negotiations. Each agency shall subsequently conform such terms to the requirements of this title, and to any final Office regulations issued pursuant to this title, on the earliest practicable date permitted by law. (d) Report Not later than 15 months after the adoption of any final rules issued pursuant to subsection (a) of this section, the Director shall submit to the President a report, through the Director of the Office of Management and Budget, evaluating the effect of those rules, including their effect on the ability of Federal supervisors to hold employees accountable for their performance. (e) Government-Wide training Within a reasonable amount of time following the adoption of any final rules issued pursuant to subsection (a), the Director and the Chief Human Capital Officers Council shall undertake a Government-wide initiative to educate Federal supervisors about holding employees accountable for unacceptable performance or misconduct under those rules. 209. General provisions (a) Consultation required; collective bargaining Agencies shall consult with employee labor representatives about the implementation of this title. (b) Application Nothing in this title shall abrogate any collective bargaining agreement in effect on the date of enactment of this title. (c) Definition of agency In this title, the term agency Executive agency III Union Time 301. Short title This title may be cited as the Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Federal Union Time Use Act 302. Purposes The purposes of this title are as follows: (1) An effective and efficient government keeps careful track of how it spends the taxpayers’ money and eliminates unnecessary, inefficient, or unreasonable expenditures. To advance this policy, executive branch employees should spend their duty hours performing the work of the Federal Government and serving the public. (2) Federal law allows Federal employees to represent labor organizations and perform other non-agency business while being paid by American taxpayers (taxpayer-funded union time). The Congress, however, has also instructed the executive branch to interpret the law in a manner consistent with the requirements of an effective and efficient government. (3) To that end, agencies should ensure that taxpayer-funded union time is used efficiently and authorized in amounts that are reasonable, necessary, and in the public interest. Federal employees should spend the clear majority of their duty hours working for the public. No agency should pay for Federal labor organizations’ expenses, except where required by law. Agencies should eliminate unrestricted grants of taxpayer-funded union time and instead require employees to obtain specific authorization before using such time. Agencies should also monitor use of taxpayer-funded union time, ensure it is used only for authorized purposes, and make information regarding its use readily available to the public. 303. Definitions For purposes of this title, the following definitions shall apply: (1) Agency Except for purposes of section 305, the term agency agency Executive agency (2) Agency business The term agency business (3) Bargaining unit The term bargaining unit chapter 71 (4) Director The term Director (5) Discounted use of government property The term discounted use of government property (6) Employee The term employee Executive agency (7) Grievance The term grievance (8) Labor organization The term labor organization (9) Paid time The term paid time (10) Taxpayer-funded union time The term taxpayer-funded union time (11) Union time rate The term union time rate 304. Standards for reasonable and efficient taxpayer-funded union time usage (a) In general No agency shall agree to authorize any amount of taxpayer-funded union time under section 7131(d) of title 5, United States Code, unless such time is reasonable, necessary, and in the public interest. Notwithstanding such section 7131(d), agreements authorizing taxpayer-funded union time that would cause the union time rate in a bargaining unit to exceed 1 hour should ordinarily, taking into account the size of the bargaining unit, and the amount of taxpayer-funded union time anticipated to be granted under sections 7131(a) and 7131(c) of such title, not be considered reasonable, necessary, and in the public interest, or to satisfy the effective and efficient (b) Report (1) In general If an agency agrees to authorize amounts of taxpayer-funded union time under section 7131(d) of title 5, United States Code, that would cause the union time rate in a bargaining unit to exceed 1 hour (or proposes to the Federal Service Impasses Panel or an arbitrator engaging in interest arbitration an amount that would cause the union time rate in a bargaining unit to exceed 1 hour), the agency head shall report this agreement or proposal to the President (through the Director of the Office of Personnel Management), the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs within 15 days of such an agreement or proposal. Such report shall explain why such expenditures are reasonable, necessary, and in the public interest, describe the benefit (if any) the public will receive from the activities conducted by employees on such taxpayer-funded union time, and identify the total cost of such time to the agency. This reporting duty may not be delegated. (2) Notification Each agency head shall require relevant subordinate agency officials to inform the agency head 5 business days in advance of presenting or accepting a proposal that would result in a union time rate of greater than 1 hour for any bargaining unit, if the subordinate agency officials anticipate they will present or agree to such a provision. (3) Exception The requirements of this subsection shall not apply to a union time rate established pursuant to an order of the Federal Service Impasses Panel or an arbitrator engaging in interest arbitration, provided that the agency had proposed that the Panel or arbitrator establish a union time rate of 1 hour or less. (c) Application Nothing in this section shall be construed to prohibit any agency from authorizing taxpayer-funded union time as required under sections 7131(a) and 7131(c) of title 5, United States Code, or to direct an agency to negotiate to include in a collective bargaining agreement a term that precludes an agency from granting taxpayer-funded union time pursuant to those provisions. 305. Employee conduct with regard to agency time and resources (a) In general To ensure that Federal resources are used effectively and efficiently and in a manner consistent with both the public interest and section 309, all employees shall adhere to the following requirements: (1) Employees may not engage in lobbying activities during paid time, except in their official capacities as an employee. (2) (A) Except as provided in subparagraph (B), employees shall spend at least three-quarters of their paid time, measured each fiscal year, performing agency business or attending necessary training (as required by their agency), in order to ensure that they develop and maintain the skills necessary to perform their agency duties efficiently and effectively. (B) Employees who have spent one-quarter of their paid time in any fiscal year on non-agency business may continue to use taxpayer-funded union time in that fiscal year for purposes covered by sections 7131(a) or 7131(c) of title 5, United States Code. (C) Any time in excess of one-quarter of an employee’s paid time used to perform non-agency business in a fiscal year shall count toward the limitation set forth in subparagraph (A) in subsequent fiscal years. (3) No employee, when acting on behalf of a Federal labor organization, may be permitted the free or discounted use of government property or any other agency resources if such free or discounted use is not generally available for non-agency business by employees when acting on behalf of non-Federal organizations. Such property and resources include office or meeting space, reserved parking spaces, phones, photocopy machines, computers, and computer systems. (4) Employees may not be permitted reimbursement for expenses incurred performing non-agency business, unless required by law or regulation. (5) (A) Employees may not use taxpayer-funded union time to prepare or pursue grievances (including arbitration of grievances) brought against an agency under procedures negotiated pursuant to section 7121 of title 5, United States Code, except where such use is otherwise authorized by law or regulation. (B) The prohibition in subparagraph (A) does not apply to— (i) an employee using taxpayer-funded union time to prepare for, confer with an exclusive representative regarding, or present a grievance brought on the employee’s own behalf; or to appear as a witness in any grievance proceeding; or (ii) an employee using taxpayer-funded union time to challenge an adverse personnel action taken against the employee in retaliation for engaging in federally protected whistleblower activity, including for engaging in activity protected under section 2302(b)(8) of title 5, United States Code, under section 78u-6(h)(1) of title 15, United States Code, under section 3730(h) of title 31, United States Code, or under any other similar whistleblower law. (b) Advance authorization Employees may not use taxpayer-funded union time without advance written authorization from their agency, except where obtaining prior approval is deemed impracticable under regulations or guidance adopted pursuant to subsection (c). (c) Administration (1) In general The requirements of this section shall become effective 45 days after the date of enactment of this Act. The Office of Personnel Management shall be responsible for administering the requirements of this section. Not later than 45 days after the date of enactment of this Act, the Director shall examine whether existing regulations are consistent with the rules set forth in this section. If the regulations are not, the Director shall propose for notice and public comment, as soon as practicable, appropriate regulations to clarify and assist agencies in implementing these rules, consistent with applicable law. (2) Agency compliance The head of each agency is responsible for ensuring compliance by employees within such agency with the requirements of this section. Each agency head shall examine whether existing regulations, policies, and practices are consistent with the rules set forth in this section. If they are not, the agency head shall take all appropriate steps to bring them into compliance with this section as soon as practicable. (d) Application Nothing in this title shall be construed to prohibit agencies from permitting employees to take unpaid leave to perform representational activities under chapter 71 306. Preventing unlawful or unauthorized expenditures (a) In general Any employee who uses taxpayer-funded union time without advance written agency authorization required by section 305(b), or for purposes not specifically authorized by the agency, shall be considered absent without leave and subject to appropriate disciplinary action. Repeated misuse of taxpayer-funded union time may constitute serious misconduct that impairs the efficiency of the Federal service. In such instances, agencies shall take appropriate disciplinary action to address such misconduct. (b) Procedure for authorizing union time As soon as practicable, but not later than 180 days after the date of enactment of this Act, each agency shall develop and implement a procedure governing the authorization of taxpayer-funded union time under section 305(b). Such procedure shall, at a minimum, require a requesting employee to specify the number of taxpayer-funded union time hours to be used and the specific purposes for which such time will be used, providing sufficient detail to identify the tasks the employee will undertake. That procedure shall also allow the authorizing official to assess whether it is reasonable, necessary, and in the public interest to grant such amount of time to accomplish such tasks. For continuing or ongoing requests, each agency shall require requests for authorization renewals to be submitted not less than once per pay period. Each agency shall further require separate advance authorization for any use of taxpayer-funded union time in excess of previously authorized hours or for purposes for which such time was not previously authorized. (c) Monitoring use of union time As soon as practicable, but not later than 180 days after the date of enactment of this Act, each agency shall develop and implement a system to monitor the use of taxpayer-funded union time to ensure that it is used only for authorized purposes, and that it is not used contrary to law or regulation. In developing these systems, each agency shall give special attention to ensuring taxpayer-funded union time is not used for— (1) internal union business in violation of section 7131(b) of title 5, United States Code; (2) lobbying activities in violation of section 1913 of title 18, United States Code, or in violation of section 305(a)(1) of this title; or (3) political activities in violation of subchapter III of chapter 73 307. Agency reporting requirements (a) In general Each agency shall submit, by a date as determined by the Director, an annual report to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs on the following: (1) The purposes for which the agency has authorized the use of taxpayer-funded union time, and the amounts of time used for each such purpose. (2) The job title and total compensation of each employee who has used taxpayer-funded union time in the fiscal year, as well as the total number of hours each employee spent on these activities and the proportion of each employee’s total paid hours that number represents. (3) If the agency has allowed labor organizations or individuals on taxpayer-funded union time the free or discounted use of government property, the total value of such free or discounted use. (4) Any expenses, including travel or per diem expenses, the agency paid for activities conducted on taxpayer-funded union time. (5) The amount of any reimbursement paid by the labor organizations for the use of government property. (b) Notification; report (1) Notification Agencies shall notify the Interagency Labor Relations Working Group (established under title IV of this Act) if a bargaining unit’s union time rate exceeds 1 hour. (2) Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Director shall submit, to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, a report summarizing the number and contents of notifications received under paragraph (1) during the previous year. (c) Explanation If an agency’s aggregate union time rate (defined in this subsection as the average of the union time rates in each agency bargaining unit, weighted by the number of employees in each unit) has increased overall from the last fiscal year, the agency shall explain this increase in the report required under subsection (a). 308. Public disclosure and transparency (a) In general Not later than 180 days after the date of enactment of this Act, the Director shall publish a standardized form that each agency shall use in preparing the reports required by section 307. (b) Analysis Not later than June 30 of each year, the Director shall analyze the agency submissions under section 307 and publish an annual report detailing— (1) for each agency and for agencies in the aggregate, the number of employees using taxpayer-funded union time, the number of employees using taxpayer-funded union time separately listed by intervals of the proportion of paid time spent on such activities, the number of hours spent on taxpayer-funded union time, the cost of taxpayer-funded union time (measured by the compensation of the employees involved), the aggregate union time rate, the number of bargaining unit employees, and the percentage change in each of these values from the previous fiscal year; (2) for each agency and in the aggregate, the value of the free or discounted use of any government property the agency has provided to labor organizations, and any expenses, such as travel or per diems, the agency paid for activities conducted on taxpayer-funded union time, as well as the amount of any reimbursement paid for such use of government property, and the percentage change in each of these values from the previous fiscal year; (3) the purposes for which taxpayer-funded union time was granted; and (4) the information required by section 307(a)(2) for employees using taxpayer-funded union time, sufficiently aggregated that such disclosure would not unduly risk disclosing information protected by law, including personally identifiable information. (c) Additional guidance The Director shall, after consulting with the Chief Human Capital Officers designated under chapter 14 309. Implementation and renegotiation of collective bargaining agreements (a) In general Each agency shall implement the requirements of this title not later than 45 days after the date of enactment of this Act, except for section 305(b), which shall be effective for employees at an agency when such agency implements the procedure required by section 306(b). The head of each agency shall designate an official within the agency tasked with ensuring implementation of this title, and shall report the identity of such official to the Office of Personnel Management not later than 30 days after the date of enactment of this Act. (b) Consultation Each agency shall consult with employee labor representatives about the implementation of this title. On the earliest date permitted by law, and to effectuate the terms of this title, any agency that is party to a collective bargaining agreement that has at least one provision that is inconsistent with any part of this title shall give any contractually required notice of its intent to alter the terms of such agreement and either reopen negotiations and negotiate to obtain provisions consistent with this title, or subsequently terminate such provision and implement the requirements of this title. (c) Application Nothing in this title shall abrogate any collective bargaining agreement in effect on the date of enactment of this title. IV Cost Reducing in Collective Bargaining 401. Short title This title may be cited as the Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining Act 402. Findings Congress finds the following: (1) Section 7101(b) of title 5, United States Code, requires the Federal Service Labor-Management Relations Statute (in this section referred to as the Statute (2) The Federal Government must do more to apply the Statute in a manner consistent with effective and efficient Government. (3) To fulfill this obligation, agencies should secure CBAs that— (A) promote an effective and efficient means of accomplishing agency missions; (B) encourage the highest levels of employee performance and ethical conduct; (C) ensure employees are accountable for their conduct and performance on the job; (D) expand agency flexibility to address operational needs; (E) reduce the cost of agency operations, including with respect to the use of taxpayer-funded union time; (F) are consistent with applicable laws, rules, and regulations; (G) do not cover matters that are not, by law, subject to bargaining; and (H) preserve management rights under section 7106(a) of title 5, United States Code. (4) Further, agencies that form part of an effective and efficient Government should not take more than a year to renegotiate CBAs. 403. Definitions For purposes of this title: (1) CBA The term CBA (A) agreements reached through impact and implementation bargaining pursuant to sections 7106(b)(2) and 7106(b)(3) of title 5, United States Code; or (B) mid-term agreements, negotiated while the basic comprehensive labor contract is in effect, about subjects not included in such contract. (2) Director The term Director (3) Taxpayer-funded union time The term taxpayer-funded union time 404. Interagency Labor Relations Working Group (a) In general There is hereby established an Interagency Labor Relations Working Group (referred to in this title as the Labor Relations Group (b) Organization The Labor Relations Group shall consist of— (1) the Director of the Office of Personnel Management; (2) a representative who is a supervisor or a management official described under section 7103(a)(2)(B)(iii) of title 5, United States Code, from each agency participating in the Labor Relations Group under subsection (d), as determined by the head of such agency in consultation with the Director; and (3) any employee who is such a supervisor or a management official within the Office of Personnel Management, as assigned by the Director. (c) Chair; administrative support The Director shall chair the Labor Relations Group and, subject to the availability of appropriations, provide administrative support for the Labor Relations Group. (d) Agencies (1) Participation Agencies with at least 1,000 employees represented by a collective bargaining representative pursuant to chapter 71 (2) Support Agencies participating in the Labor Relations Group shall provide assistance helpful in carrying out the responsibilities outlined in subsection (e) of this section. Such assistance shall include designating an agency employee to serve as a point of contact with the Office of Personnel Management responsible for providing the Labor Relations Group with sample language for proposals and counterproposals on significant matters proposed for inclusion in CBAs, as well as for analyzing and discussing with the Office of Personnel Management and the Labor Relations Group the effects of significant CBA provisions on agency effectiveness and efficiency. Participating agencies shall provide other assistance as necessary to support the Labor Relations Group in its mission. (e) Responsibilities and functions The Labor Relations Group shall assist the Director on matters involving labor-management relations in the executive branch. Its responsibilities shall include the following: (1) Gathering information to support agency negotiating efforts, including the submissions required under section 409 of this title, and creating an inventory of language on significant subjects of bargaining that have relevance to more than one agency and that have been proposed for inclusion in at least one CBA. (2) Developing model ground rules for negotiations that, if implemented, would minimize delay, set reasonable limits for good-faith negotiations, call for the Federal Mediation and Conciliation Service to mediate disputed issues not resolved within a reasonable time, and, as appropriate, promptly bring remaining unresolved issues to the Federal Service Impasses Panel (in this title referred to as the Panel (3) Analyzing provisions of CBAs on subjects of bargaining that have relevance to more than one agency, particularly those that may infringe on, or otherwise affect, reserved management rights. Such analysis shall include an assessment of CBA provisions that cover comparable subjects, without infringing, or otherwise affecting, reserved management rights. The analysis shall also assess the consequences of such CBA provisions on Federal effectiveness, efficiency, cost of operations, and employee accountability and performance. The analysis shall take particular note of how certain provisions may impede the policies set forth in section 402 of this title or the orderly implementation of laws, rules, or regulations. The Labor Relations Group may examine general trends and commonalities across CBAs, and their effects on bargaining-unit operations, but need not separately analyze every provision of each CBA in every Federal bargaining unit. (4) Sharing information and analysis, including significant proposals and counterproposals offered in bargaining, in order to reduce duplication of efforts and encourage common approaches across agencies, as appropriate. (5) Establishing ongoing communications among agencies engaging with the same labor organizations in order to facilitate common solutions to common bargaining initiatives. (6) Assisting the Director in developing, where appropriate, Government-wide approaches to bargaining issues that advance the policies set forth in section 402 of this title. (f) Report Not later than 18 months after the first meeting of the Labor Relations Group, the Director, as the Chair of the group, shall submit, to the President (through the Office of Management and Budget), the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report proposing recommendations for meeting the goals set forth in section 402 of this title and for improving the organization, structure, and functioning of labor relations programs across agencies. 405. Collective bargaining objectives (a) In general The head of each agency that engages in collective bargaining under chapter 71 (b) CBA negotiation requirements Consistent with the requirements and provisions of chapter 71 (1) establish collective bargaining objectives that advance the policies of section 402 of this title, with such objectives informed, as appropriate, by the reports required by subsection (a) of this section; (2) consider the analysis and advice of the Labor Relations Group in establishing these collective bargaining objectives and when evaluating collective bargaining representative proposals; (3) make every effort to secure a CBA that meets these objectives; and (4) ensure management and supervisor participation in the negotiating team representing the agency. 406. Collective bargaining procedures (a) In general To achieve the purposes of this title, agencies shall begin collective bargaining negotiations by making their best effort to negotiate ground rules that minimize delay, set reasonable time limits for good-faith negotiations, call for Federal Mediation and Conciliation Service mediation of disputed issues not resolved within those time limits, and, as appropriate, promptly bring remaining unresolved issues to the Panel for resolution. For collective bargaining negotiations, a negotiating period of six weeks or less to achieve ground rules, and a negotiating period of between four and six months for a CBA under those ground rules, shall ordinarily be considered reasonable and to satisfy the goal set forth in section 402(3)(A) of this title. Agencies shall commit the time and resources necessary to satisfy these temporal objectives and to fulfill their obligation to bargain in good faith. Any negotiations to establish ground rules that do not conclude after a reasonable period shall be expeditiously advanced to mediation and, as necessary, to the Panel. (b) Negotiations deadlines During any collective bargaining negotiations under chapter 71 (c) Failure To negotiate in good faith If the commencement or any other stage of bargaining is delayed or impeded because of a collective bargaining representative’s failure to comply with the duty to negotiate in good faith pursuant to section 7114(b) of title 5, United States Code, the agency shall consider whether to— (1) file an unfair labor practice complaint under section 7118 of title 5, United States Code, after considering evidence of bad-faith negotiating, including refusal to meet to bargain, refusal to meet as frequently as necessary, refusal to submit proposals or counterproposals, undue delays in bargaining, undue delays in submission of proposals or counterproposals, inadequate preparation for bargaining, and other conduct that constitutes bad-faith negotiating; or (2) propose a new contract, memorandum, or other change in agency policy and implement that proposal if the collective bargaining representative does not offer counterproposals in a timely manner. (d) No delay for unfair labor practice complaint An agency’s filing of an unfair labor practice complaint under section 7118 of title 5, United States Code, against a collective bargaining representative shall not further delay negotiations. Agencies shall negotiate in good faith or request assistance from the Federal Mediation and Conciliation Service and, as appropriate, the Panel, while such an unfair labor practice complaint is pending. (e) Written proposal exchange In developing proposed ground rules, and during any negotiations, agency negotiators shall request the exchange of written proposals, so as to facilitate resolution of negotiability issues and assess the likely effects of specific proposals on agency operations and management rights. To the extent that an agency’s CBAs, ground rules, or other agreements contain requirements for a bargaining approach other than the exchange of written proposals addressing specific issues, the agency shall, at the soonest opportunity, take steps to eliminate them. If such requirements are based on now-revoked Executive orders, including Executive Order 12871 (58 Fed. Reg. 52201; relating to Labor-Management Partnerships) and Executive Order 13522 (74 Fed. Reg. 66203; relating to Creating Labor-Management Forums to Improve Delivery of Government Services), agencies shall take action to rescind these requirements. (f) Agreement review Pursuant to section 7114(c)(2) of title 5, United States Code, the agency head shall review all binding agreements with collective bargaining representatives to ensure that all their provisions are consistent with all applicable laws, rules, and regulations. When conducting this review, the agency head shall ascertain whether the agreement contains any provisions concerning subjects that are non-negotiable, including provisions that violate Government-wide requirements set forth in any applicable law, rule, or regulation. If an agreement contains any such provisions, the agency head shall disapprove such provisions. The agency head shall take all practicable steps to render the determinations required by this subsection within 30 days of the date the agreement is executed, in accordance with section 7114(c) of title 5, United States Code, so as not to permit any part of an agreement to become effective that is contrary to applicable law, rule, or regulation. 407. Permissive bargaining The heads of agencies subject to the provisions of chapter 71 408. Efficient bargaining over procedures and appropriate arrangements (a) Matters covered by existing agreements Before beginning negotiations during a CBA over matters addressed by sections 7106(b)(2) or 7106(b)(3) of title 5, United States Code, agencies shall evaluate whether or not such matters are already covered by the CBA and therefore are not subject to the duty to bargain. If such matters are already covered by a CBA, the agency shall not bargain over such matters. (b) Permissible bargaining Consistent with section 402 of this title, agencies that engage in bargaining over procedures pursuant to section 7106(b)(2) of title 5, United States Code, shall, consistent with their obligation to negotiate in good faith, bargain over only those items that constitute procedures associated with the exercise of management rights, which do not include measures that excessively interfere with the exercise of such rights. Likewise, consistent with section 402 of this title, agencies that engage in bargaining over appropriate arrangements pursuant to section 7106(b)(3) of title 5, United States Code, shall, consistent with their obligation to negotiate in good faith, bargain over only those items that constitute appropriate arrangements for employees adversely affected by the exercise of management rights. In such negotiations, agencies shall ensure that a resulting appropriate arrangement does not excessively interfere with the exercise of management rights. 409. Public accessibility (a) Report CBAs Each agency subject to chapter 71 (b) CBA report format Within 90 days of the date of enactment of this Act, the Director shall prescribe a reporting format for submissions required by subsection (a) of this section. Within 30 days of the Director’s having prescribed the reporting format, agencies shall use this reporting format and make the submissions required under subsection (a) of this section. 410. Lack of report The failure to produce a report for the agency head prior to the termination or renewal of a CBA under section 405(a) shall not prevent an agency from opening a CBA for renegotiation. 411. Application Nothing in this title shall abrogate any collective bargaining agreement in effect on the date of enactment of this title.

Summary: Accountable Federal Employees Act or the Accountable Feds Act This bill establishes and modifies requirements relating to the administration of the federal workforce, including (1) creating a new Schedule F in the excepted service for certain positions that are not normally subject to change as a result of a presidential transition; (2) specifying certain standards and principles relating to removals, grievance procedures, and adverse personnel actions; (3) placing certain restrictions on the use of union time; and (4) creating a workgroup to manage the efficiency of labor-management relations.