I 
115TH CONGRESS 
1ST SESSION H. R. 1461 
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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans, Employees, 
and Taxpayers Protection Act of 2017’’ or the ‘‘VET Pro-
tection 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 fol-
lowing 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 
Department 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 October 
1 of each fiscal 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 Department during the most recently ended fiscal 
year. 
‘‘(2) Each report under paragraph (1) shall include, 
with respect to the fiscal year covered by the report, the 
following information: 
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‘‘(A) The total amount of official time granted 
to employees. 
‘‘(B) The average amount of official time ex-
pended per bargaining unit employee. 
‘‘(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 
official 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 official time. 
‘‘(E) The total amount of compensation (includ-
ing fringe benefits) afforded to employees in connec-
tion with activities or purposes for which they were 
granted official time. 
‘‘(F) A description of any room or space des-
ignated at the Department where official time activi-
ties will be conducted, including the square footage 
of any such room or space. 
‘‘(c) For purposes of this section, the term ‘official 
time’ means any period of time— 
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‘‘(1) which may be granted to an employee 
under chapter 71 of title 5 (including a collective 
bargaining agreement entered into under such chap-
ter) or chapter 74 of this title to perform represen-
tational 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, an 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 
CERTAIN EMPLOYEES.—A physician, dentist, podiatrist, 
chiropractor, or optometrist employed by the Department 
may not use official time for any purpose. 
‘‘(c) DIRECT PATIENT CARE.—An 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 if such em-
ployee— 
‘‘(1) is involved with direct patient care; or 
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‘‘(2) occupies a position with a rate of basic pay 
equal to or higher than the rate of basic pay for 
GS–13 of the General Schedule. 
‘‘(d) LIMITATION
ON ALL EMPLOYEES.—An em-
ployee of the Department not covered by subsection (b) 
or (c) may spend no more than 50 percent of the time 
such employee would otherwise be in a duty status on offi-
cial time. 
‘‘(e) OFFICIAL TIME DEFINED.—For purposes of 
this section, the term ‘official time’ has the meaning given 
that term in section 741(c). 
‘‘§ 743. Termination of collection of dues 
‘‘Any exclusive bargaining agreement entered into 
pursuant to chapter 71 of title 5 by the Department shall 
provide that an employee of the Department may termi-
nate a voluntary allotment for the payment of dues at any 
time. Any deductions for dues made pursuant to such al-
lotment shall cease beginning on the first pay period after 
the termination is made.’’. 
(b) APPLICABILITY.—Sections 743 and 742 of title 
38, United States Code, as added by subsection (a), shall 
apply with respect to any collective bargaining agreement 
entered into after the date of enactment of this Act. 
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(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. Prohibition on use of official time for certain purposes. 
‘‘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 
section 717 the following new section: 
‘‘§ 719. Probationary period for employees 
‘‘(a) IN GENERAL.—Notwithstanding sections 3321 
and 3393(d) of title 5, the appointment of a covered em-
ployee shall become final only after such employee has 
served a probationary period of 18 months. 
‘‘(b) COVERED EMPLOYEE.—In this section, the term 
‘covered employee’— 
‘‘(1) means any individual— 
‘‘(A) appointed to a permanent position 
within the competitive service at the Depart-
ment; or 
‘‘(B) appointed as a career appointee (as 
that term is defined in section 3132(a)(4) of 
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title 5) within the Senior Executive Service at 
the Department; and 
‘‘(2) does not include any individual with a pro-
bationary period prescribed by section 7403 of this 
title. 
‘‘(c) PERMANENT HIRES.—Not later than 90 days 
before the expiration of a covered employee’s probationary 
period under subsection (a), the supervisor of the em-
ployee shall determine whether the appointment becomes 
final based on regulations prescribed for such purpose by 
the Secretary.’’. 
(2) CLERICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) CLERICAL.—The table of sections at 
the beginning of such chapter, as amended by 
section 2, is further amended by inserting after 
the item relating to section 717 the following 
new item: 
‘‘719. Probationary period for employees.’’. 
(B) CONFORMING.—Title 5, United States 
Code, is amended— 
(i) in section 3321(c)— 
(I) by striking ‘‘Service or’’ and 
inserting ‘‘Service,’’; and 
(II) by inserting at the end be-
fore the period the following: ‘‘, or 
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any individual covered by section 719 
of title 38’’; and 
(ii) in section 3393(d), by adding at 
the end after the period the following: 
‘‘The preceding sentence shall not apply to 
any individual covered by section 719 of 
title 38.’’. 
(b) APPLICATION.—Section 719 of title 38, United 
States Code, as added by subsection (a)(1), shall apply 
to any covered employee (as that term is defined in sub-
section (b) of such section 719, as so added) appointed 
after the date of the enactment of this Act. 
Æ 
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