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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5749 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5749
To amend title 5, United States Code, to require that the Office of
Personnel Management submit an annual report to Congress relating to
the use of official time by Federal employees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 14, 2025
Ms. Foxx (for herself, Mr. Comer, and Mr. Palmer) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to require that the Office of
Personnel Management submit an annual report to Congress relating to
the use of official time by Federal employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Official Time Reporting Act''.
SEC. 2. REPORTING REQUIREMENT.
(a) In General.--Section 7131 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1)(A) Not later than March 31 of each calendar year, the
Director of the Office of Personnel Management, in consultation with
the Director of the Office of Management and Budget, shall submit to
the Committee on Oversight and Government Reform of the House of
Representatives and Committee on Homeland Security and Governmental
Affairs of the Senate, and make publicly available on a website of the
Office of Personnel Management, a report covering the activities under
this section during the most recently completed fiscal year prior to
such calendar year, including each explanation submitted to the
Director under subparagraph (C) and summarizing information received
under subparagraph (B).
``(B) Not later than December 31 of each calendar year, the
head of each agency shall submit to the Director of the Office
of Personnel Management the information which the Director
requires, with respect to such agency, for purposes of the
report which is next due under subparagraph (A) in accordance
with the guidance issued by the Director, including any
standardized format for the submission of such information
included in such guidance.
``(C) If the average aggregate official time rate of an
agency for a fiscal year is greater than the average aggregate
official time rate for such agency for the previous fiscal
year, the head of such agency shall include an explanation for
such increase in the information submitted to the Director of
the Office of Personnel Management under subparagraph (B) for
the purposes of the report required under subparagraph (A)
covering such fiscal year.
``(2) Each report submitted by the Director of the Office of
Personnel Management under paragraph (1)(A) 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 average amount of official time expended per
employee in a bargaining unit and the total number of employees
in a bargaining unit.
``(C) For each agency, the average aggregate official time
rate.
``(D) The agency or subdivision of an agency in which
employees in a bargaining unit are employed.
``(E) The total amount withheld from the pay of employees
in a bargaining unit using the payroll systems of agencies for
the payment of the regular and periodic dues of the exclusive
representative of the unit, and the total number of such
employees that paid such dues through such payroll systems.
``(F) The specific types of activities or purposes for
which official time was granted, and the effects on agency
operations of such grants of official time for such activities
or purposes.
``(G) The total number of employees to whom official time
was granted and the number of such employees who as an
employee, engaged in only activities or purposes involving the
use of official time.
``(H) The amount paid by the Federal Government to
employees granted official time with respect to the activities
or purposes for which such employees were granted such official
time, disaggregated by the costs of the compensation and fringe
benefits of such employees and any travel, per diem, or other
expense.
``(I) For each agency, a description of any room or space
designated at the agency (or its subcomponent) as a room or
space where employees of the agency conducted activities for
which official time was granted, including the square footage
of any such room or space, and, if the agency allowed a labor
organization or individuals on official time the free or
discounted use of property of the Government, the total fair
market value of such free or discounted use and the amount, if
any, paid by the labor organization to the agency for the use
of such property.
``(3) The Director of the Office of Personnel Management shall--
``(A) provide the information required under paragraph (2)
to be included in a report submitted by the Director under
paragraph (1)(A) in the aggregate for all agencies and
disaggregated by agency; and
``(B) include in each such report, other than the first
such report submitted by the Director under paragraph (1)(A),
comparisons of the information for the fiscal year covered by
the report with the corresponding information for the previous
fiscal year contained in the report submitted by the Director
under paragraph (1)(A) covering such previous fiscal year,
including such analysis of such comparisons as determined
appropriate by the Director.
``(4) For the purposes of this subsection--
``(A) the term `agency bargaining unit' means a group of
employees of an agency represented by an exclusive
representative in an appropriate unit for collective bargaining
under subchapter II of this chapter;
``(B) the term `average aggregate official time rate', with
respect to an agency, means the average of the official time
rates for each agency bargaining unit of such agency for a
fiscal year, weighted by the number of employees in each such
agency bargaining unit as of the end of such fiscal year;
``(C) 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 this
chapter;
``(D) the term `official time' means the time an employee
of an agency who is a labor representative for a labor
organization spends performing non-agency business while on
duty, either in service of such labor organization or otherwise
acting in the capacity as an employee representative, including
official time authorized under this section; and
``(E) the term `official time rate' means the total number
of duty hours during a fiscal year that employees in an agency
bargaining unit used for official time, divided by the number
of employees in such agency bargaining unit as of the end of
such fiscal year.''.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Director of the Office of Personnel Management shall--
(1) issue guidance to agencies (as defined in section
7103(a) of title 5, United States Code) regarding the
submission of information under subparagraphs (B) and (C) of
section 7131(e)(1) of title 5, United States Code, as added by
subsection (a), which may include a standardized format for the
submission of such information; and
(2) in consultation with the Chief Human Capital Officers
designated under chapter 14 of such title, promulgate any
additional guidance that may be necessary or appropriate to
assist the heads of such agencies in complying with the
requirements of this Act and the amendments made by this Act.
(c) Applicability.--The amendment made by subsection (a) take
effect on the first April 1 that is not less than six months after the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 19.
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