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 Com-
mittee on Veterans’ Affairs, and in addition to the Committee on Over-
sight and Government Reform, for a period to be subsequently deter-
mined 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 or-
dered 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 Sec-
retary of Veterans Affairs to submit an annual report 
to Congress relating to the use of official time by employ-
ees of the Department of Veterans Affairs, to limit the 
instances in which official time may be granted for cer-
tain purposes to employees of the Department, and for 
other purposes. 
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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 ‘‘Veterans, Employees, 
and Taxpayers Protection Act of 2017’’ or the ‘‘VET Protec-
tion Act of 2017’’. 
SEC. 2. LABOR MANAGEMENT IN DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 of title 38, United States 
Code, is amended by adding at the end the following new 
subchapter: 
‘‘SUBCHAPTER III—LABOR MANAGEMENT 
‘‘§ 741. Records on use of official time 
‘‘(a) TRACKING OF OFFICIAL TIME.—The Secretary 
shall track the use of official time by employees of the De-
partment of Veterans Affairs in a manner that accounts 
for such time accurately and to a specific degree without 
the use of estimates or ranges of time. 
‘‘(b) ANNUAL REPORT.—(1) Not later than December 
31 of each year, the Secretary shall submit to the Office 
of Personnel Management and the Committees on Veterans’ 
Affairs of the House of Representatives and the Senate a 
report on the use of official time by employees of the Depart-
ment during the most recently ended fiscal year. 
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‘‘(2) Each report under paragraph (1) 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 total amount of official time expended 
and the amount of official time expended per em-
ployee for term negotiations, mid-term negotiations, 
general labor-management relations, and dispute reso-
lution. 
‘‘(C) The specific types of activities or purposes 
for which official time was granted, and the impact 
which the granting of such official time for such ac-
tivities or purposes had on the operations of the De-
partment. 
‘‘(D) The total number of employees to whom of-
ficial time was granted, and, of that total, the number 
who were not engaged in any activities or purposes 
except activities or purposes involving the use of offi-
cial time. 
‘‘(E) The total annual salary, job title, and 
amount of official time afforded to any employee. 
‘‘(F) A description of any room or space des-
ignated at the Department where official time activi-
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ties will be conducted, including the square footage of 
any such room or space. 
‘‘(G) A list of any employee granted a waiver 
under section 742(d) and justification for each such 
waiver. 
‘‘(c) DEFINITION OF OFFICIAL TIME.—For purposes of 
this section, the term ‘official time’ means any period of 
time— 
‘‘(1) which may be granted to an employee under 
chapter 71 of title 5 (including a collective bar-
gaining agreement entered into under such chapter) 
or chapter 74 of this title to perform representational 
or consultative functions; and 
‘‘(2) during which the employee would otherwise 
be in a duty status. 
‘‘§ 742. Limitations on use of official time for certain 
purposes and individuals 
‘‘(a) POLITICAL ACTIVITIES
AND LOBBYING.—Not-
withstanding section 7131 of title 5 or any other provision 
of law, any employee of the Department may not use official 
time to carry out political activities or activities relating 
to lobbying. 
‘‘(b) PROHIBITION ON USE OF OFFICIAL TIME BY CER-
TAIN EMPLOYEES.—The following employees of the Depart-
ment may not use official time for any purpose: 
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‘‘(1) Any employee appointed under section 
7401(1). 
‘‘(2) Any employee with an annual rate of basic 
pay equal to or greater than $100,000. 
‘‘(3) Any employee who is serving a proba-
tionary period. 
‘‘(c) LIMITATION ON ALL EMPLOYEES.—Any employee 
of the Department not covered by subsection (b) may spend 
no more than 25 percent of the time such employee would 
otherwise be in a duty status on official time. 
‘‘(d) WAIVER.—(1) The Secretary may waive the re-
quirements of subsection (b) or (c) with respect to an em-
ployee of the Department if the Secretary certifies, in writ-
ing, that the waiver is reasonable, necessary, and in the 
best interests of veterans. 
‘‘(2) The authority provided to the Secretary under 
this subsection shall not be subject to bargaining under this 
title or chapter 71 of title 5, and the exercise of, or failure 
to exercise, such authority shall not be an unfair labor prac-
tice under this title or such chapter. 
‘‘(e) DEFINITION OF OFFICIAL TIME.—For purposes of 
this section, the term ‘official time’ has the meaning given 
that term in section 741(c). 
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‘‘§ 743. Termination of collection of dues 
‘‘Notwithstanding section 7115 of title 5, any exclusive 
bargaining agreement entered into pursuant to chapter 71 
of such title by the Department shall provide that an em-
ployee of the Department may terminate a voluntary allot-
ment for the payment of dues at any time. Any deductions 
for dues made pursuant to such allotment shall cease begin-
ning on the first pay period after the termination is 
made.’’. 
(b) APPLICABILITY.—Sections 742 and 743 of title 38, 
United States Code, as added by subsection (a), shall apply 
with respect to any collective bargaining agreement entered 
into before, on, or after the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
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.’’. 
SEC. 3. REQUIRED PROBATIONARY PERIOD FOR NEW EM-
PLOYEES OF DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) PROBATIONARY PERIOD.— 
(1) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is further amended by inserting after sec-
tion 717 the following new section: 
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