and the Labor Relations Group the effects of signifi-
cant CBA provisions on agency effectiveness and ef-
ficiency. Participating agencies shall provide other 
assistance as necessary to support the Labor Rela-
tions Group in its mission. 
(e) RESPONSIBILITIES AND FUNCTIONS.—The Labor 
Relations Group shall assist the Director on matters in-
volving labor-management relations in the executive 
branch. Its responsibilities shall include the following: 
(1) Gathering information to support agency 
negotiating efforts, including the submissions re-
quired 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 negotia-
tions 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 reason-
able time, and, as appropriate, promptly bring re-
maining unresolved issues to the Federal Service Im-
passes Panel (in this title referred to as the 
‘‘Panel’’) for resolution. 
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(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 provi-
sions that cover comparable subjects, without in-
fringing, or otherwise affecting, reserved manage-
ment rights. The analysis shall also assess the con-
sequences of such CBA provisions on Federal effec-
tiveness, 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 exam-
ine 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. 
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(5) 
Establishing 
ongoing 
communications 
among agencies engaging with the same labor orga-
nizations in order to facilitate common solutions to 
common bargaining initiatives. 
(6) Assisting the Director in developing, where 
appropriate, Government-wide approaches to bar-
gaining 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 Rep-
resentatives, and the Committee on Homeland Security 
and Governmental Affairs of the Senate, a report pro-
posing recommendations for meeting the goals set forth 
in section 402 of this title and for improving the organiza-
tion, structure, and functioning of labor relations pro-
grams across agencies. 
SEC. 405. COLLECTIVE BARGAINING OBJECTIVES. 
(a) IN GENERAL.—The head of each agency that en-
gages in collective bargaining under chapter 71 of title 5, 
United States Code, shall direct appropriate officials with-
in each agency to prepare a report on all operative CBAs 
at least 1 year before their expiration or renewal date. The 
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report shall recommend new or revised CBA language the 
agency could seek to include in a renegotiated agreement 
that would better support the objectives of section 402 of 
this title. The officials preparing the report shall consider 
the analysis and advice of the Labor Relations Group in 
making recommendations for revisions. These reports 
shall be deemed guidance and advice for agency manage-
ment related to collective bargaining under section 
7114(b)(4)(C) of title 5, United States Code, and thus not 
subject to disclosure to the exclusive representative or its 
authorized representative. 
(b) CBA NEGOTIATION REQUIREMENTS.—Consistent 
with the requirements and provisions of chapter 71 of title 
5, United States Code, and other applicable laws and reg-
ulations, an agency, when negotiating with a collective 
bargaining representative, shall— 
(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 collec-
tive bargaining objectives and when evaluating col-
lective bargaining representative proposals; 
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(3) make every effort to secure a CBA that 
meets these objectives; and 
(4) ensure management and supervisor partici-
pation in the negotiating team representing the 
agency. 
SEC. 406. COLLECTIVE BARGAINING PROCEDURES. 
(a) IN GENERAL.—To achieve the purposes of this 
title, agencies shall begin collective bargaining negotia-
tions 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 Concilia-
tion Service mediation of disputed issues not resolved 
within those time limits, and, as appropriate, promptly 
bring remaining unresolved issues to the Panel for resolu-
tion. 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 con-
sidered reasonable and to satisfy the goal set forth in sec-
tion 402(3)(A) of this title. Agencies shall commit the time 
and resources necessary to satisfy these temporal objec-
tives and to fulfill their obligation to bargain in good faith. 
Any negotiations to establish ground rules that do not con-
clude after a reasonable period shall be expeditiously ad-
vanced to mediation and, as necessary, to the Panel. 
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(b) NEGOTIATIONS DEADLINES.—During any collec-
tive bargaining negotiations under chapter 71 of title 5, 
United States Code, and consistent with section 7114(b) 
of that chapter, the agency shall negotiate in good faith 
to reach agreement on a CBA, memorandum of under-
standing, or any other type of binding agreement that pro-
motes the policies outlined in section 402 of this title. If 
such negotiations last longer than the period established 
by the CBA ground rules—or, absent a preset deadline, 
a reasonable time—the agency shall consider whether re-
questing assistance from the Federal Mediation and Con-
ciliation Service and, as appropriate, the Panel, would bet-
ter promote effective and efficient Government than would 
continuing negotiations. Such consideration should evalu-
ate the likelihood that continuing negotiations without 
Federal Mediation and Conciliation Service assistance or 
referral to the Panel would produce an agreement con-
sistent with the goals of section 402 of this title, as well 
as the cost to the public of continuing to pay for both 
agency and collective bargaining representative negoti-
ating teams. Upon the conclusion of the sixth month of 
any negotiation, the agency head shall receive notice from 
appropriate agency staff and shall receive monthly notifi-
cations thereafter regarding the status of negotiations 
until they are complete. The agency head shall notify the 
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President through the Office of Personnel Management of 
any negotiations that have lasted longer than nine months, 
in which the assistance of the Federal Mediation and Con-
ciliation Service either has not been requested or, if re-
quested, has not resulted in agreement or advancement 
to the Panel. 
(c) FAILURE TO NEGOTIATE IN GOOD FAITH.—If 
the commencement or any other stage of bargaining is de-
layed or impeded because of a collective bargaining rep-
resentative’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, includ-
ing 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 counter-
proposals, inadequate preparation for bargaining, 
and other conduct that constitutes bad-faith negoti-
ating; or 
(2) propose a new contract, memorandum, or 
other change in agency policy and implement that 
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proposal if the collective bargaining representative 
does not offer counterproposals in a timely manner. 
(d) NO DELAY FOR UNFAIR LABOR PRACTICE COM-
PLAINT.—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 Medi-
ation 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, agen-
cy negotiators shall request the exchange of written pro-
posals, 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 ex-
change 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-Manage-
ment Partnerships) and Executive Order 13522 (74 Fed. 
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Reg. 66203; relating to Creating Labor-Management Fo-
rums to Improve Delivery of Government Services), agen-
cies 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 bar-
gaining representatives to ensure that all their provisions 
are consistent with all applicable laws, rules, and regula-
tions. When conducting this review, the agency head shall 
ascertain whether the agreement contains any provisions 
concerning subjects that are non-negotiable, including pro-
visions 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 re-
quired 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. 
SEC. 407. PERMISSIVE BARGAINING. 
The heads of agencies subject to the provisions of 
chapter 71 of title 5, United States Code, may not nego-
tiate over the substance of the subjects set forth in section 
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7106(b)(1) of title 5, United States Code, and shall in-
struct subordinate officials that they may not negotiate 
over those same subjects. 
SEC. 408. EFFICIENT BARGAINING OVER PROCEDURES AND 
APPROPRIATE ARRANGEMENTS. 
(a) MATTERS
COVERED
BY
EXISTING
AGREE-
MENTS.—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 bar-
gaining over procedures pursuant to section 7106(b)(2) of 
title 5, United States Code, shall, consistent with their ob-
ligation to negotiate in good faith, bargain over only those 
items that constitute procedures associated with the exer-
cise 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 
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