SEC. 2. CHARGING LABOR ORGANIZATIONS FOR USE OF 
FEDERAL RESOURCES. 
(a) IN GENERAL.—Chapter 71 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 7136. Charging labor organizations for use of Fed-
eral resources 
‘‘(a) FEES FOR USE OF AGENCY RESOURCES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this chapter, the head of each agency 
shall charge each labor organization recognized as 
an exclusive representative of employees of such 
agency a fee each calendar quarter for the use of the 
resources of such agency during such quarter. 
‘‘(2) FEE CALCULATION.—The amount of the 
fee the head of an agency charges a labor organiza-
tion under paragraph (1) with respect to a calendar 
quarter shall be equal to the amount that is the sum 
of— 
‘‘(A) the value of the union time of each 
labor representative for such labor organization 
while employed by such agency in such quarter; 
and 
‘‘(B) the value of agency resources pro-
vided for union use to such labor organization 
by such agency in such quarter. 
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‘‘(3) TIMING.— 
‘‘(A) NOTICE.—Not later than 30 days 
after the end of each calendar quarter, the head 
of each agency shall submit to each labor orga-
nization charged a fee by such head under 
paragraph (1) with respect to such calendar 
quarter a notice stating the amount of such fee. 
‘‘(B) DUE
DATE.—Payment of a fee 
charged under paragraph (1) is due not later 
than 60 days after the date on which the labor 
organization charged such fee receives a notice 
under paragraph (A) with respect to such fee. 
‘‘(4) PAYMENT.— 
‘‘(A) IN
GENERAL.—Payment of a fee 
charged under paragraph (1) shall be made to 
the head of the agency that charged such fee. 
‘‘(B) TRANSFER TO GENERAL FUND.—The 
head of an agency shall transfer each payment 
of a fee charged under paragraph (1) that such 
head receives to the general fund of the Treas-
ury. 
‘‘(b) VALUE DETERMINATIONS.— 
‘‘(1) IN
GENERAL.—The head of an agency 
charging a labor organization a fee under subsection 
(a) shall determine the value of union time used by 
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labor representatives and the value of agency re-
sources provided for union use for the purposes of 
paragraph (2) of such subsection in accordance with 
this subsection. 
‘‘(2) VALUES.—For the purposes of paragraph 
(2) of subsection (a), with respect to a fee charged 
to a labor organization by the head of an agency 
under paragraph (1) of such subsection— 
‘‘(A) the value of the union time of a labor 
representative during a calendar quarter is 
equal to amount that is the product of the 
hourly rate of pay of such labor representative 
paid by such agency and the number of hours 
of union time of such labor representative dur-
ing such calendar quarter during which such 
labor representative was on duty as an em-
ployee of such agency; and 
‘‘(B) such head of such agency shall deter-
mine the value of agency resources provided for 
union use during a calendar quarter using rates 
established by the General Services Administra-
tion, where applicable, or to the extent that 
such rates are inapplicable to such the use of 
such resources, the market rate for the use of 
such resources, except that with respect to re-
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sources used for both agency business and for 
purposes pertaining to matters covered by this 
chapter, only the value of the portion of the use 
of such resources for the business of such labor 
organization shall be included. 
‘‘(3) DETERMINATIONS NOT SUBJECT TO RE-
VIEW.—No determination of the head of an agency 
described in paragraph (1) may be determined to be 
an unfair labor practice or subject to collective bar-
gaining or grievance procedures under this chapter, 
or otherwise contested or appealed. 
‘‘(c) ENFORCEMENT AND PENALTIES.— 
‘‘(1) PENALTIES.— 
‘‘(A) IN GENERAL.—If a labor organization 
does not pay a fee charged to such labor orga-
nization under subsection (a)(1) on or before 
the date on which payment for such fee be-
comes due, during the period beginning on the 
date on which such payment becomes due and 
ending on the date on which every fee charged 
to such labor organization under such sub-
section is fully paid— 
‘‘(i) the amount of such fee shall be 
increased at a rate equal to the interest 
rate; 
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‘‘(ii) the head of each agency shall— 
‘‘(I) beginning on the date that is 
90 days after the date on which such 
period begins— 
‘‘(aa) deny such labor orga-
nization and the labor represent-
atives for such labor organization 
any further union time; 
‘‘(bb) cease providing and 
the deny further use of agency 
resources provided for union use 
by such labor representatives for 
the business of such labor organi-
zation; and 
‘‘(cc) not be subject to— 
‘‘(AA) 
any 
grievance 
procedures or binding arbi-
tration 
invoked 
by 
such 
labor 
organization 
under 
section 7121; or 
‘‘(BB) any unfair labor 
practice complaints or pro-
ceedings under this chapter 
pertaining to such labor or-
ganization or employees rep-
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resented by such labor orga-
nization; and 
‘‘(II) beginning on the date that 
is 180 days after the date on which 
such period begins— 
‘‘(aa) terminate all allot-
ments made by or on behalf of 
the agency with respect to such 
labor organization under section 
7115; and 
‘‘(bb) not authorize any such 
allotments with respect to such 
labor organization; and 
‘‘(III) on the date that is 365 
days after the date on which such pe-
riod begins, inform the Authority and 
such labor organization that such pe-
riod has reached a duration of 365 
days; and 
‘‘(iii) on the date that is 380 days 
after the date on which such period begins, 
the Authority shall terminate the certifi-
cation of such labor organization as the ex-
clusive representative of employees of such 
agency. 
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‘‘(B) EXCLUSIVE REPRESENTATIVE PROHI-
BITION.—A labor organization for which the 
Authority terminates a certification as the ex-
clusive representatives of employees of an agen-
cy under subparagraph (A)(iii) may not be cer-
tified as the exclusive representative of any em-
ployee of such agency unless such labor organi-
zation pays all fees charged to such labor orga-
nization by the head of such agency under sub-
section (a)(1), including any increases to such 
fees under subparagraph (A)(i). 
‘‘(C) RULE OF CONSTRUCTION.—Subpara-
graph (A)(ii)(I)(cc) may not be construed as— 
‘‘(i) tolling any statutory or contrac-
tual deadline for the filing of a grievance, 
complaint of an unfair labor practice, or 
proceeding to binding arbitration; or 
‘‘(ii) preventing or limiting an agency 
from filing any grievance against a labor 
organization or advancing such grievances 
to binding arbitration. 
‘‘(2) TIME TRACKING.— 
‘‘(A) IN
GENERAL.—Each agency shall 
track the use of union time by labor representa-
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tives using the applicable time and attendance 
tracking system of such agency. 
‘‘(B) FAILURE TO RECORD.— 
‘‘(i) IN GENERAL.—A labor represent-
ative who uses union time and fails to 
record such use in the applicable time and 
attendance tracking system shall be consid-
ered absent without leave and subject to 
appropriate adverse action. 
‘‘(ii) WILLFUL
OR
REPEATED
FAIL-
URES.—A failure of a labor representative 
described in clause (i) shall constitute an 
impairment to the efficient of the service if 
such failure is willful or occurs in the same 
fiscal year as another such failure by such 
labor representative. 
‘‘(iii) LIMITED REVIEW.—Adverse ac-
tion take against an employee under clause 
(i)— 
‘‘(I) may not be determined to be 
an unfair labor practice or subject to 
grievance procedures or binding arbi-
tration under section 7121; and 
‘‘(II) notwithstanding any other 
provision of law, shall be sustained on 
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appeal if the determination of the 
agency to take such adverse action 
against such employee is supported by 
substantial evidence. 
‘‘(3) PAYMENT
REQUIRED.—The head of an 
agency may not forgive, reimburse, waive, or in any 
other manner reduce any fee charged under this sec-
tion. 
‘‘(4) COMPLIANCE.—Not later than two years 
after the date of the enactment of this section, and 
every two years thereafter, the Inspector General of 
each agency shall— 
‘‘(A) conduct an evaluation of the compli-
ance of such agency and each relevant labor or-
ganization with the requirements of this section, 
including the accuracy with which labor rep-
resentatives recorded the use of union time, the 
promptness with which fees under subsection 
(a) were charged and paid, and the valuation of 
agency resources provided for union use by such 
agency pursuant to subsection (b)(2)(B); and 
‘‘(B) submit to the head of such agency, 
the Committee on Oversight and Accountability 
of the House of Representatives, and the Com-
mittee on Homeland Security and Govern-
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mental Affairs of the Senate a report on the 
findings of the evaluation required by subpara-
graph (A). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) AGENCY
BUSINESS.—The term ‘agency 
business’ means work performed by employees on 
behalf of an agency, or under the direction and con-
trol of the agency. 
‘‘(2) AGENCY
RESOURCES
PROVIDED
FOR 
UNION USE.—The term ‘agency resources provided 
for union use’ means the resources of an agency, 
other than the time of employees in a duty status, 
that such agency provides to labor representatives 
for purposes pertaining to matters covered by this 
chapter, including agency office space, parking 
space, equipment, and reimbursement for expenses 
incurred while on union time or otherwise per-
forming non-agency business, except that this term 
does not include any resource to the extent that such 
resource is used for agency business. 
‘‘(3) LABOR ORGANIZATION.—The term ‘labor 
organization’ means a labor organization recognized 
as an exclusive representative of employees of an 
agency under this chapter or as a representative of 
agency employees under any system established by 
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the Transportation Security Administration Admin-
istrator pursuant to section 111(d) of the Aviation 
and Transportation Security Act (49 U.S.C. 44935 
note). 
‘‘(4) HOURLY RATE OF PAY.—The term ‘hourly 
rate of pay’ means the total cost to an agency of em-
ploying an employee in a pay period or pay periods, 
including wages, salary, and other cash payments, 
agency contributions to employee health and retire-
ment benefits, employer payroll tax payments, paid 
leave accruals, and the cost to the agency for other 
benefits, divided by the number of hours such em-
ployee worked in such pay period or pay periods. 
‘‘(5) INTEREST RATE.—The term ‘interest rate’ 
means the average market yield of outstanding mar-
ketable obligations of the United States having ma-
turities of 30 years plus one percentage point. 
‘‘(6) 
LABOR
REPRESENTATIVE.—The 
term 
‘labor representative’ means an employee of an agen-
cy serving in any official or other representative ca-
pacity for a labor organization (including as any of-
ficer or steward of a labor organization) that is the 
exclusive representative of employees of such agency 
under this chapter or is the representative of em-
ployees under any system established by the Trans-
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