I
105TH CONGRESS
1ST SESSION
H. R. 986
To amend chapter 71 of title 5, United States Code, to establish certain
limitations relating to the use of official time by Federal employees,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1997
Mr. MILLER of Florida (for himself, Mr. GANSKE, Mr. CANADY of Florida,
Mr. WICKER, Mr. ISTOOK, Mr. DICKEY, Mr. GRAHAM, Mr. BONILLA, and
Mr. KINGSTON) introduced the following bill; which was referred to the
Committee on Government Reform and Oversight
A BILL
To amend chapter 71 of title 5, United States Code, to
establish certain limitations relating to the use of official
time by Federal employees, and for other purposes.
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 ‘‘Workplace Integrity
Act’’.
SEC. 2. LIMITATIONS RELATING TO THE USE OF OFFICIAL
TIME BY FEDERAL EMPLOYEES.
Section 7131 of title 5, United States Code, is
amended to read as follows:
‘‘§ 7131. Official time
‘‘(a) Except as otherwise provided in this section, an
employee may not be granted official time in connection
with any matter covered by this chapter.
‘‘(b)(1) Subject to subsection (c), official time may
be granted—
‘‘(A) to an employee representing an exclusive
representative, but only for a purpose allowable
under paragraph (2); or
‘‘(B) to an employee in a unit represented by
an exclusive representative (in a circumstance not
covered by subparagraph (A)), but only for a pur-
pose allowable under paragraph (3).
‘‘(2) Official time may not be granted under para-
graph (1)(A) to any employee, except—
‘‘(A) to allow such employee—
‘‘(i) to present or process a grievance on
behalf of an employee in a unit represented by
the exclusive representative; or
‘‘(ii) to be present during a grievance pro-
ceeding involving an employee in a unit rep-
resented by the exclusive representative; or
‘‘(2) In order to carry out this subsection, the Au-
thority shall by regulation specify an appropriate period
of time, which—
‘‘(A) shall not exceed 12 months in duration;
and
‘‘(B) shall be uniformly applied by all agencies.
‘‘(d) The Authority shall determine whether any em-
ployee participating for, or on behalf of, a labor organiza-
tion in any phase of proceedings before the Authority shall
be authorized official time for such purpose during the
time the employee otherwise would be in a duty status.
‘‘(e) Nothing in this section shall be considered to
constitute authority for any official time to be granted to
an employee for purposes of allowing such employee—
‘‘(1) to represent an exclusive representative in
the negotiation of a collective bargaining agreement
under this chapter, including to attend an impasse
proceeding; or
‘‘(2) to engage in any activity relating to the in-
ternal business of a labor organization, including the
solicitation of membership, elections of labor organi-
zation officials, and collection of dues.
Any activities described in paragraph (1) or (2) shall be
performed during the time the employee is in a non-duty
status.
‘‘(f)(1) The Office of Personnel Management shall
submit to the President and each House of the Congress,
before March 1st of each calendar year, a report on the
use of official time under this section. Each such report
shall include, in the aggregate and by agency, with respect
to the fiscal year last ending before the start of such cal-
endar year—
‘‘(A) the total number of employees to whom of-
ficial time was granted under this section;
‘‘(B) the total number of employee-hours of of-
ficial time granted under this section; and
‘‘(C) the total costs attributable to official time
granted under this section.
‘‘(2) Agencies shall submit to the Office such data
as the Office may by regulation require in connection with
any report under this subsection.’’.
SEC. 3. EFFECTIVE DATE.
This Act and the amendment made by this Act shall
take effect as of the first day of the first fiscal year begin-
ning at least 6 months after the date of the enactment
of this Act, except that, whether or not this Act is enacted
earlier than 6 months before the first day of a fiscal
year—
(1) reports shall be required, in accordance with
the provisions of section 7131(f) of title 5, United
States Code (as set forth in section 2), beginning
with the report next due under such provisions be-
fore the March 1st next occurring at least 5 months
after the date of the enactment of this Act; and
(2) for purposes of any report under paragraph
(1) covering a fiscal year preceding the first fiscal
year covered by subsections (a) through (e) of sec-
tion 7131 of such title 5 (as amended by this Act)—
(A) section 7131(f) of such title (as set
forth in section 2) shall be treated as if in ef-
fect as of the date of the enactment of this Act;
and
(B) any reference in such section 7131(f)
to ‘‘this section’’ shall be treated as a reference
to section 7131 of such title, as in effect before
the effective date of this Act.
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