I 
119TH CONGRESS 
1ST SESSION H. R. 5749 
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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 14, 2025 
Ms. FOXX (for herself, Mr. COMER, and Mr. PALMER) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Official Time Report-
ing Act’’. 
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SEC. 2. REPORTING REQUIREMENT. 
(a) IN GENERAL.—Section 7131 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e)(1)(A) Not later than March 31 of each calendar 
year, the Director of the Office of Personnel Management, 
in consultation with the Director of the Office of Manage-
ment and Budget, shall submit to the Committee on Over-
sight and Government Reform of the House of Represent-
atives and Committee on Homeland Security and Govern-
mental Affairs of the Senate, and make publicly available 
on a website of the Office of Personnel Management, a 
report covering the activities under this section during the 
most recently completed fiscal year prior to such calendar 
year, including each explanation submitted to the Director 
under subparagraph (C) and summarizing information re-
ceived under subparagraph (B). 
‘‘(B) Not later than December 31 of each cal-
endar year, the head of each agency shall submit to 
the Director of the Office of Personnel Management 
the information which the Director requires, with re-
spect to such agency, for purposes of the report 
which is next due under subparagraph (A) in accord-
ance with the guidance issued by the Director, in-
cluding any standardized format for the submission 
of such information included in such guidance. 
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‘‘(C) If the average aggregate official time rate 
of an agency for a fiscal year is greater than the av-
erage aggregate official time rate for such agency 
for the previous fiscal year, the head of such agency 
shall include an explanation for such increase in the 
information submitted to the Director of the Office 
of Personnel Management under subparagraph (B) 
for the purposes of the report required under sub-
paragraph (A) covering such fiscal year. 
‘‘(2) Each report submitted by the Director of the 
Office of Personnel Management under paragraph (1)(A) 
shall include, with respect to the fiscal year covered by 
the report, the following information: 
‘‘(A) The total amount of official time granted 
to employees. 
‘‘(B) The average amount of official time ex-
pended per employee in a bargaining unit and the 
total number of employees in a bargaining unit. 
‘‘(C) For each agency, the average aggregate 
official time rate. 
‘‘(D) The agency or subdivision of an agency in 
which employees in a bargaining unit are employed. 
‘‘(E) The total amount withheld from the pay 
of employees in a bargaining unit using the payroll 
systems of agencies for the payment of the regular 
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and periodic dues of the exclusive representative of 
the unit, and the total number of such employees 
that paid such dues through such payroll systems. 
‘‘(F) The specific types of activities or purposes 
for which official time was granted, and the effects 
on agency operations of such grants of official time 
for such activities or purposes. 
‘‘(G) The total number of employees to whom 
official time was granted and the number of such 
employees who as an employee, engaged in only ac-
tivities or purposes involving the use of official time. 
‘‘(H) The amount paid by the Federal Govern-
ment to employees granted official time with respect 
to the activities or purposes for which such employ-
ees were granted such official time, disaggregated by 
the costs of the compensation and fringe benefits of 
such employees and any travel, per diem, or other 
expense. 
‘‘(I) For each agency, a description of any room 
or space designated at the agency (or its subcompo-
nent) as a room or space where employees of the 
agency conducted activities for which official time 
was granted, including the square footage of any 
such room or space, and, if the agency allowed a 
labor organization or individuals on official time the 
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free or discounted use of property of the Govern-
ment, the total fair market value of such free or dis-
counted use and the amount, if any, paid by the 
labor organization to the agency for the use of such 
property. 
‘‘(3) The Director of the Office of Personnel Manage-
ment shall— 
‘‘(A) provide the information required under 
paragraph (2) to be included in a report submitted 
by the Director under paragraph (1)(A) in the ag-
gregate for all agencies and disaggregated by agen-
cy; and 
‘‘(B) include in each such report, other than the 
first such report submitted by the Director under 
paragraph (1)(A), comparisons of the information 
for the fiscal year covered by the report with the 
corresponding information for the previous fiscal 
year contained in the report submitted by the Direc-
tor under paragraph (1)(A) covering such previous 
fiscal year, including such analysis of such compari-
sons as determined appropriate by the Director. 
‘‘(4) For the purposes of this subsection— 
‘‘(A) the term ‘agency bargaining unit’ means 
a group of employees of an agency represented by an 
exclusive representative in an appropriate unit for 
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collective bargaining under subchapter II of this 
chapter; 
‘‘(B) the term ‘average aggregate official time 
rate’, with respect to an agency, means the average 
of the official time rates for each agency bargaining 
unit of such agency for a fiscal year, weighted by the 
number of employees in each such agency bargaining 
unit as of the end of such fiscal year; 
‘‘(C) the term ‘bargaining unit’ means a group 
of employees represented by an exclusive representa-
tive in an appropriate unit for collective bargaining 
under subchapter II of this chapter; 
‘‘(D) the term ‘official time’ means the time an 
employee of an agency who is a labor representative 
for a labor organization spends performing non- 
agency business while on duty, either in service of 
such labor organization or otherwise acting in the 
capacity as an employee representative, including of-
ficial time authorized under this section; and 
‘‘(E) the term ‘official time rate’ means the 
total number of duty hours during a fiscal year that 
employees in an agency bargaining unit used for of-
ficial time, divided by the number of employees in 
such agency bargaining unit as of the end of such 
fiscal year.’’. 
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(b) GUIDANCE.—Not later than 180 days after the 
date of enactment of this Act, the Director of the Office 
of Personnel Management shall— 
(1) issue guidance to agencies (as defined in 
section 7103(a) of title 5, United States Code) re-
garding the submission of information under sub-
paragraphs (B) and (C) of section 7131(e)(1) of 
title 5, United States Code, as added by subsection 
(a), which may include a standardized format for the 
submission of such information; and 
(2) in consultation with the Chief Human Cap-
ital Officers designated under chapter 14 of such 
title, promulgate any additional guidance that may 
be necessary or appropriate to assist the heads of 
such agencies in complying with the requirements of 
this Act and the amendments made by this Act. 
(c) APPLICABILITY.—The amendment made by sub-
section (a) take effect on the first April 1 that is not less 
than six months after the date of the enactment of this 
Act. 
Æ 
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