TITLE I—CREATING SCHEDULE 
F IN THE EXCEPTED SERVICE 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Creating Schedule F 
in the Excepted Service Act’’. 
SEC. 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 posi-
tions of a confidential, policy-determining, policy- 
making, or policy-advocating character. Faithful exe-
cution of the law requires that the President have 
appropriate management oversight regarding this se-
lect cadre of professionals. 
(2) The Federal Government benefits from ca-
reer professionals in positions that are not normally 
subject to change as a result of a Presidential tran-
sition but who discharge significant duties and exer-
cise significant discretion in formulating and imple-
menting executive branch policy and programs under 
the laws of the United States. The heads of execu-
tive departments and agencies (agencies) and the 
American people also entrust these career profes-
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sionals with non-public information that must be 
kept confidential. 
(3) With the exception of attorneys in the Fed-
eral 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 dis-
charge, employees in such positions must display ap-
propriate 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, pol-
icy-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 in-
stance, the 2016 Merit Principles Survey reveals 
that less than a quarter of Federal employees believe 
their agency addresses poor performers effectively. 
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(6) Separating employees who cannot or will 
not meet required performance standards is impor-
tant, and it is particularly important with regard to 
employees in confidential, policy-determining, policy- 
making, or policy-advocating positions. High per-
formance by such employees can meaningfully en-
hance 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 ap-
pointees without the limitations imposed by competi-
tive service selection procedures. Placing these posi-
tions in the excepted service will mitigate undue lim-
itations on their selection. This action will also give 
agencies greater ability and discretion to assess crit-
ical qualities in applicants to fill these positions, 
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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 com-
petitive 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 of 
title 5, United States Code. Chapter 75 of title 5, 
United States Code, requires agencies to comply 
with extensive procedures before taking adverse ac-
tion against an employee. These requirements can 
make removing poorly performing employees dif-
ficult. Only a quarter of Federal supervisors are con-
fident that they could remove a poor performer. Ca-
reer employees in confidential, policy-determining, 
policy-making, and policy-advocating positions wield 
significant influence over Government operations 
and effectiveness. Agencies need the flexibility to ex-
peditiously remove poorly performing employees 
from these positions without facing extensive delays 
or litigation. 
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SEC. 103. SCHEDULE F OF THE EXCEPTED SERVICE. 
(a) IN GENERAL.—Appointments of individuals to 
positions of a confidential, policy-determining, policy-mak-
ing, 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 Fed-
eral 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 fol-
lows: 
‘‘Schedule A. Positions other than those of a con-
fidential 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 con-
fidential or policy-determining character for which it is not 
practicable to hold a competitive examination shall be list-
ed in Schedule B. Appointments to these positions shall 
be subject to such noncompetitive examination as may be 
prescribed by OPM. 
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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 admin-
istratively feasible’’; 
(2) amend section 6.4 of title 5, Code of Fed-
eral 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 de-
termines may be necessary to implement this title, 
including, as appropriate, amendments to or rescis-
sions 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 
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(C) subparts A and C of part 213 of such 
title; and 
(4) provide guidance on conducting a swift, or-
derly transition from the existing appointment proc-
esses to the schedule F process established by this 
title. 
SEC. 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 of title 5, United 
States Code, and shall conduct a complete review of 
the positions in the agency not later than 210 days 
after the date of enactment of this Act. Thereafter, 
each agency head shall conduct a review of such po-
sitions that are covered by subchapter II of chapter 
75 of title 5, United States Code, on at least an an-
nual basis. 
(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 
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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-deter-
mining, 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 peti-
tion 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 posi-
tions are of a confidential, policy-determining, 
policy-making, or policy-advocating character 
and are not normally subject to change as a re-
sult of a Presidential transition. 
(B) DETERMINATION EFFECT.—A position 
which the agency head determines under sub-
paragraph (A) to be of a confidential, policy-de-
termining, policy-making, or policy-advocating 
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character and not normally subject to change as 
a result of a Presidential transition shall be 
considered a schedule F position for the pur-
poses of Executive agency actions under sub-
sections (d) and (f). 
(C) PUBLICATION.—An agency head shall 
publish each determination made under sub-
paragraph (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 
con-
ducting the review required by subsection (a), each agency 
head should give particular consideration to the appro-
priateness 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, espe-
cially— 
(A) substantive participation in the devel-
opment or drafting of regulations and guidance; 
or 
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(B) substantive policy-related work in an 
Executive agency or Executive agency compo-
nent 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 or-
ders, or other non-public policy proposals or delib-
erations generally covered by deliberative process 
privilege and either— 
(A) directly reporting to or regularly work-
ing 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 secre-
tariat (or equivalent). 
(5) Conducting, on the Executive agency’s be-
half, collective bargaining negotiations under chapter 
71 of title 5, United States Code. 
(d) 
PETITION
DECISION.—The 
Director 
shall 
promptly determine whether to grant any petition under 
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subsection (a). Not later than December 31 of each year, 
the Director shall report to the President, through the Di-
rector 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, expedi-
tiously petition the Federal Labor Relations Authority to 
determine whether any schedule F position must be ex-
cluded 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, deter-
mine, or influence the policies of the agency. 
(f) PROHIBITED PERSONNEL PRACTICES.—Agency 
heads shall establish rules to prohibit the personnel prac-
tices 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. 
SEC. 105. DEFINITIONS. 
In this title: 
(1) AGENCY HEAD.—The term ‘‘agency head’’ 
means the head of an Executive agency. 
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(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Personnel Management. 
(3) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning given such term in section 
105 of title 5, United States Code, but excluding the 
Government Accountability Office. 
(4) NORMALLY SUBJECT TO CHANGE AS A RE-
SULT OF A PRESIDENTIAL TRANSITION.—The term 
‘‘normally subject to change as a result of a Presi-
dential transition’’ refers to positions whose occu-
pants are, as a matter of practice, expected to resign 
upon a Presidential transition, including all positions 
whose appointment requires the assent of the White 
House Office of Presidential Personnel. 
TITLE II—REMOVAL 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Promoting Account-
ability and Streamlining Removal Procedures Consistent 
with Merit System Principles Act’’. 
SEC. 202. FINDINGS. 
Congress finds the following: 
(1) Federal merit system principles call for 
holding Federal employees accountable for perform-
ance and conduct. 
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(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 fur-
ther 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 perform-
ance and misconduct undermines morale, burdens 
good performers with subpar colleagues, and inhibits 
the ability of any agency to accomplish their mis-
sions. 
(6) This title advances the ability of supervisors 
in agencies to promote civil servant accountability 
consistent with merit system principles while simul-
taneously recognizing employees’ procedural rights 
and protections. 
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SEC. 203. PRINCIPLES FOR ACCOUNTABILITY IN THE FED-
ERAL 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 bur-
den 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 dis-
ciplinary history is unique, and disciplinary action 
should be calibrated to the specific facts and cir-
cumstances of each individual employee’s situation. 
Conduct that justifies discipline of one employee at 
one time does not necessarily justify similar dis-
cipline of a different employee at a different time— 
particularly where the employees are in different 
work units or chains of supervision—and agencies 
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are not prohibited from removing an employee sim-
ply because they did not remove a different employee 
for comparable conduct. Nonetheless, employees 
should be treated equitably, so agencies should con-
sider appropriate comparators as they evaluate po-
tential 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 em-
ployee, except as may be appropriate under applica-
ble facts. 
(5) When taking disciplinary action, agencies 
should have discretion to take into account an em-
ployee’s disciplinary record and past work record, in-
cluding 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 of title 5, United States Code, within 15 
business days of the end of the employee reply pe-
riod following a notice of proposed removal. 
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(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 of title 5, United States Code, should be used in 
appropriate cases to address instances of unaccept-
able performance. 
(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 reduc-
tion in force. 
SEC. 204. STANDARD FOR NEGOTIATING GRIEVANCE PRO-
CEDURES. 
Whenever reasonable in view of the particular cir-
cumstances, agency heads shall endeavor to exclude from 
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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 perform-
ance. 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 reso-
lution of the disagreement. Not later than 30 days after 
the date of adoption of any collective bargaining agree-
ment that fails to achieve this goal, the agency head shall 
provide an explanation to the President, through the Di-
rector of the Office of Personnel Management (in this title 
referred to as the ‘‘Director’’). 
SEC. 205. MANAGING THE FEDERAL WORKFORCE. 
To promote good morale in the Federal workforce, 
employee accountability, and high performance, and to en-
sure the effective and efficient accomplishment of agency 
missions and the efficiency of the Federal service, no agen-
cy shall— 
(1) subject to grievance procedures or binding 
arbitration disputes concerning— 
(A) the assignment of ratings of record; or 
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(B) the award of any form of incentive 
pay, including cash awards; quality step in-
creases; 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 of title 5, United States Code, to 
address unacceptable performance of an em-
ployee; 
(B) that requires the use of procedures 
under chapter 43 of title 5, United States Code 
(including any performance assistance period or 
similar informal period to demonstrate im-
proved performance prior to the initiation of an 
opportunity period under section 4302(c)(6) of 
such title), before removing an employee for un-
acceptable performance; or 
(C) that limits the agency’s discretion to 
remove an employee from Federal service with-
out first engaging in progressive discipline; or 
(3) generally afford an employee more than a 
30-day period to demonstrate acceptable perform-
ance under section 4302(c)(6) of title 5, United 
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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. 
SEC. 206. ENSURING INTEGRITY OF PERSONNEL FILES. 
Agencies shall not agree to erase, remove, alter, or 
withhold from another agency any information about a ci-
vilian employee’s performance or conduct in that employ-
ee’s official personnel records, including an employee’s Of-
ficial Personnel Folder and Employee Performance File, 
as part of, or as a condition to, resolving a formal or infor-
mal complaint by the employee or settling an administra-
tive challenge to an adverse personnel action. 
SEC. 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 Di-
rector, the Committee on Oversight and Reform of the 
House of Representatives, and the Committee on Home-
land Security and Governmental Affairs of the Senate, a 
report containing information on— 
(1) the number of civilian employees in a proba-
tionary period or otherwise employed for a specific 
term who were removed by the agency; 
(2) the number of civilian employees rep-
rimanded in writing by the agency; 
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(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 op-
portunity period longer than 30 days; 
(4) the number of adverse personnel actions 
taken against civilian employees by the agency, bro-
ken down by type of adverse personnel action, in-
cluding reduction in grade or pay (or equivalent), 
suspension, and removal; 
(5) the number of decisions on proposed remov-
als by the agency taken under chapter 75 of title 5, 
United States Code, not issued within 15 business 
days of the end of the employee reply period; 
(6) the number of adverse personnel actions by 
the agency for which employees received written no-
tice 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. 
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(b) PUBLICATION.—To enhance public accountability 
of agencies for their management of the Federal work-
force, the Director shall, consistent with applicable law, 
publish the information received under subsection (a) of 
this section, at the minimum level of aggregation nec-
essary to protect personal privacy. The Director may with-
hold particular information if publication would unduly 
risk disclosing information protected by law, including per-
sonally 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, in-
cluding with respect to any exemptions necessary for com-
pliance with applicable law and the reporting format for 
submissions required by subsection (a). 
SEC. 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 appro-
priate, 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. 
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(b) REVISION OF POLICIES.—The head of each agen-
cy 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 en-
actment of this Act, revise its discipline and unac-
ceptable performance policies to conform to the prin-
ciples and requirements of this title, in areas where 
new final Office of Personnel Management regula-
tions are not required, and shall further revise such 
policies as necessary to conform to any new final Of-
fice regulations, within 45 days of the issuance of 
such regulations; and 
(2) renegotiate, as applicable, any collective 
bargaining agreement provisions that are incon-
sistent 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 sub-
section (b)(2), each agency shall give any contractually re-
quired notice of its intent to alter the terms of such agree-
ment and reopen negotiations. Each agency shall subse-
quently conform such terms to the requirements of this 
title, and to any final Office regulations issued pursuant 
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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 Presi-
dent a report, through the Director of the Office of Man-
agement 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 rea-
sonable 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 super-
visors about holding employees accountable for unaccept-
able performance or misconduct under those rules. 
SEC. 209. GENERAL PROVISIONS. 
(a) CONSULTATION REQUIRED; COLLECTIVE BAR-
GAINING.—Agencies shall consult with employee labor rep-
resentatives about the implementation of this title. 
(b) APPLICATION.—Nothing in this title shall abro-
gate any collective bargaining agreement in effect on the 
date of enactment of this title. 
(c) DEFINITION OF AGENCY.—In this title, the term 
‘‘agency’’ has the meaning given the term ‘‘Executive 
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agency’’ in section 105 of title 5, United States Code, but 
not including the Government Accountability Office. 
TITLE III—UNION TIME 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Ensuring Trans-
parency, Accountability, and Efficiency in Taxpayer- 
Funded Federal Union Time Use Act’’. 
SEC. 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 unreason-
able expenditures. To advance this policy, executive 
branch employees should spend their duty hours per-
forming 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 Con-
gress, however, has also instructed the executive 
branch to interpret the law in a manner consistent 
with the requirements of an effective and efficient 
government. 
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(3) To that end, agencies should ensure that 
taxpayer-funded union time is used efficiently and 
authorized in amounts that are reasonable, nec-
essary, 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 unre-
stricted grants of taxpayer-funded union time and 
instead require employees to obtain specific author-
ization before using such time. Agencies should also 
monitor use of taxpayer-funded union time, ensure it 
is used only for authorized purposes, and make in-
formation regarding its use readily available to the 
public. 
SEC. 303. DEFINITIONS. 
For purposes of this title, the following definitions 
shall apply: 
(1) AGENCY.—Except for purposes of section 
305, the term ‘‘agency’’ has the meaning given the 
term in section 7103(a)(3) of title 5, United States 
Code, but includes only executive agencies. For pur-
poses of section 305, the term ‘‘agency’’ has the 
meaning given the term ‘‘Executive agency’’ in sec-
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tion 105 of title 5, United States Code, but excludes 
the Government Accountability Office. 
(2) AGENCY
BUSINESS.—The term ‘‘agency 
business’’ means work performed by Federal employ-
ees, including detailees or assignees, on behalf of an 
agency, but does not include work performed on tax-
payer-funded union time. 
(3) BARGAINING UNIT.—The term ‘‘bargaining 
unit’’ means a group of employees represented by an 
exclusive representative in an appropriate unit for 
collective bargaining under subchapter II of chapter 
71 of title 5, United States Code. 
(4) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Personnel Management. 
(5) DISCOUNTED USE OF GOVERNMENT PROP-
ERTY.—The term ‘‘discounted use of government 
property’’ means charging less to use government 
property than the value of the use of such property, 
as determined by the General Services Administra-
tion, where applicable, or otherwise by the generally 
prevailing commercial cost of using such property. 
(6) EMPLOYEE.—The term ‘‘employee’’ has the 
meaning given the term in section 7103(a)(2) of title 
5, United States Code, except for purposes of section 
305, in which case it means an individual employed 
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in an ‘‘Executive agency’’ as that term is defined in 
section 105 of title 5, United States Code, but ex-
cluding the Government Accountability Office. 
(7) GRIEVANCE.—The term ‘‘grievance’’ has 
the meaning given the term in section 7103(a)(9) of 
title 5, United States Code. 
(8) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in 
section 7103(a)(4) of title 5, United States Code. 
(9) PAID TIME.—The term ‘‘paid time’’ means 
time for which an employee is paid by the Federal 
Government, including both duty time, in which the 
employee performs agency business, and taxpayer- 
funded union time. It does not include time spent on 
paid or unpaid leave, or an employee’s off-duty 
hours. 
(10) TAXPAYER-FUNDED
UNION
TIME.—The 
term ‘‘taxpayer-funded union time’’ means official 
time granted to an employee pursuant to section 
7131 of title 5, United States Code. 
(11) UNION
TIME
RATE.—The term ‘‘union 
time rate’’ means the total number of duty hours in 
the fiscal year that employees in a bargaining unit 
used for taxpayer-funded union time, divided by the 
number of employees in such bargaining unit. 
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