,,ii  #aaith ,,congress  #ast ,session  
,s4 #eaa  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #aa1      
#bjbe,ms4 ,ernst 7for herself and ,mr4  
,scott of ,florida7 introduced the      
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to amend chapter #ga of     
title #e1 ,united ,states ,code1 to     
charge labor organizations for the      
agency resources and employee time used 
by such labor organizations1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,protecting    
,taxpayers' ,wallets ,act of #bjbe4  #b4
 ,charging labor organizations for use  
of ,federal resources  7a7 ,in general  
,subchapter ,,iv of chapter #ga of title
 #e1 ,united ,states ,code1 is amended  
by inserting after section #gace the    
following3  #gacf4 ,charging labor      
organizations for use of ,federal       
resources  7a7 ,definitions ,in this    
section3 7#a7 ,agency business ,the term

 agency business means work performed by
 employees on behalf of an agency or    
under the direction and control of the  
agency4  7#b7 ,agency resources provided
 for union use ,the term agency         
resources provided for union use-- 7,a7 
means the resources of an agency1 other 
than the time of employees in a duty    
status1 that such agency provides to    
labor representatives for purposes      
pertaining to matters covered by this   
chapter1 including agency office space1 
parking space1 equipment1 and           
reimbursement for expenses incurred     
while on union time or otherwise        
performing non-agency business2 and     
7,b7 does not include any resource to   
the extent that the resource is used for
 agency business4  7#c7 ,labor          
organization ,notwithstanding section   
#gajc1 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 the          
,transportation ,security               
,administration ,administrator pursuant 
to section #aaa7;d7 of the ,aviation and
 ,transportation ,security ,act 7#di    
,u4,s4,c4 #ddice note74  7#d7 ,hourly   
rate of pay ,the term hourly rate of pay
 means the total cost to an agency of   
employing an employee in a pay period or
 pay periods1 including wages1 salary1  
and other cash payments1 agency         
contributions to employee health and    
retirement benefits1 employer payroll   
tax payments1 paid leave accruals1 and  
the cost to the agency for other        
benefits1 divided by the number of hours
 that employee worked in that pay period
 or pay periods4  7#e7 ,interest rate   
,the term interest rate means the       
average market yield of outstanding     
marketable obligations of the ,united   
,states having maturities of #cj years1 
plus #a percentage point4  7#f7 ,labor  
representative ,the term labor          
representative means an employee of an  

agency serving in any official or other 
representative capacity for a labor     
organization 7including as any officer  
or steward of a labor organization7 that
 is the exclusive representative of     
employees of such agency under this     
chapter or is the representative of     
employees under any system established  
by the ,transportation ,security        
,administration ,administrator pursuant 
to section #aaa7;d7 of the ,aviation and
 ,transportation ,security ,act 7#di    
,u4,s4,c4 #ddice note74  7#g7 ,union    
time ,the term union 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 duty1 either in service of that
 labor organization or otherwise acting 
in the capacity as an employee          
representative1 including official time 
authorized under section #gaca4  7b7    
,fees for use of agency resources  7#a7 
,in general ,notwithstanding any other  
provision of this chapter1 the head of  

each agency shall charge each labor     
organization recognized as an exclusive 
representative of employees of that     
agency a fee each calendar quarter for  
the use of the resources of that agency 
during that quarter4  7#b7 ,fee         
calculation ,the amount of the fee the  
head of an agency charges a labor       
organization under paragraph 7#a7 with  
respect to a calendar quarter shall be  
equal to the amount that is the sum of--
 7,a7 the value of the union time of    
each labor representative for that labor
 organization while employed by that    
agency in that quarter2 and  7,b7 the   
value of agency resources provided for  
union use to that labor organization by 
that agency in that quarter4  7#c7      
,timing  7,a7 ,notice ,not later than   
#cj days after the end of each calendar 
quarter1 the head of each agency shall  
submit to each labor organization       
charged a fee by that agency head under 
paragraph 7#a7 with respect to that     
calendar quarter a notice stating the   

amount of that fee4  7,b7 ,due date     
,payment of a fee charged under         
paragraph 7#a7 is due not later than #fj
 days after the date on which the labor 
organization charged the fee receives a 
notice under subparagraph 7,a7 with     
respect to that fee4  7#d7 ,payment     
7,a7 ,in general ,payment of a fee      
charged under paragraph 7#a7 shall be   
made to the head of the agency that     
charged the fee4  7,b7 ,transfer to     
general fund ,the head of an agency     
shall transfer each payment of a fee    
charged under paragraph 7#a7 that the   
agency head receives to the general fund
 of the ,treasury4  7c7 ,value          
determinations  7#a7 ,in general ,the   
head of an agency charging a labor      
organization a fee under subsection 7b7 
shall determine the value of union time 
used by labor representatives and the   
value of agency resources provided for  
union use for the purposes of paragraph 
7#b7 of that subsection in accordance   
with this subsection4  7#b7 ,values ,for

 the purposes of paragraph 7#b7 of      
subsection 7b71 with respect to a fee   
charged to a labor organization by the  
head of an agency under paragraph 7#a7  
of that subsection-- 7,a7 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 that labor              
representative paid by that agency and  
the number of hours of union time of    
that labor representative during that   
calendar quarter during which that labor
 representative was on duty as an       
employee of that agency2 and  7,b7 that 
agency head shall determine the value of
 agency resources provided for union use
 during a calendar quarter using rates  
established by the ,general ,services   
,administration1 where applicable1 or to
 the extent that those rates are        
inapplicable to the use of those        
resources1 the market rate for the use  
of those resources1 except that with    
respect to resources used for both      

agency business and for purposes        
pertaining to matters covered by this   
chapter1 only the value of the portion  
of the use of those resources for the   
business of that labor organization     
shall be included4  7#c7 ,determinations
 not subject to review ,no determination
 of the head of an agency described in  
paragraph 7#a7 may be determined to be  
an unfair labor practice or subject to  
collective bargaining or grievance      
procedures under this chapter1 or       
otherwise contested or appealed4  7d7   
,enforcement and penalties  7#a7        
,penalties  7,a7 ,in general ,if a labor
 organization does not pay a fee charged
 to that labor organization under       
subsection 7b77#a7 on or before the date
 on which payment for that fee becomes  
due1 during the period beginning on the 
date on which that payment becomes due  
and ending on the date on which every   
fee charged to that labor organization  
under that subsection is fully paid--   
7i7 the amount of that fee shall be     

increased at a rate equal to the        
interest rate2  7ii7 the head of each   
agency shall-- 7,i7 beginning on the    
date that is #ij days after the date on 
which that period begins-- 7aa7 deny    
that labor organization and the labor   
representatives for that labor          
organization any further union time2    
7bb7 cease providing and the deny       
further use of agency resources provided
 for union use by that labor            
representatives for the business of that
 labor organization2 and  7cc7 not be   
subject to-- 7,,aa7 any grievance       
procedures or binding arbitration       
invoked by that labor organization under
 section #gaba2 or 7,,bb7 any unfair    
labor practice complaints or proceedings
 under this chapter pertaining to that  
labor organization or employees         
represented by that labor organization2 
7,,ii7 beginning on the date that is    
#ahj days after the date on which that  
period begins-- 7aa7 terminate all      
allotments made by or on behalf of the  

agency with respect to that labor       
organization under section #gaae2 and   
7bb7 not authorize any allotments       
described in item 7aa7 with respect to  
that labor organization2 and  7,,iii7 on
 the date that is #cfe days after the   
date on which that period begins1 inform
 the ,authority and that labor          
organization that such period has       
reached a duration of #cfe days2 and    
7iii7 on the date that is #chj days     
after the date on which that period     
begins1 the ,authority shall terminate  
the certification of that labor         
organization as the exclusive           
representative of employees of that     
agency4  7,b7 ,exclusive representative 
prohibition ,a labor organization for   
which the ,authority terminates a       
certification as the exclusive          
representatives of employees of an      
agency under subparagraph 7,a77iii7 may 
not be certified as the exclusive       
representative of any employee of that  
agency unless that labor organization   

pays all fees charged to that labor     
organization by the head of that agency 
under subsection 7b77#a71 including any 
increases to those fees under           
subparagraph 7,a77i74  7,c7 ,rule of    
construction ,subparagraph              
7,a77ii77,i77cc7 may not be construed   
as-- 7i7 tolling any statutory or       
contractual deadline for the filing of a
 grievance1 complaint of an unfair labor
 practice1 or proceeding to binding     
arbitration2 or  7ii7 preventing or     
limiting an agency from filing any      
grievance against a labor organization  
or advancing such a grievance to binding
 arbitration4  7#b7 ,time tracking  7,a7
 ,in general ,each agency shall track   
the use of union time by labor          
representatives using the applicable    
time and attendance tracking system of  
that agency4  7,b7 ,failure to record   
7i7 ,in general ,a labor representative 
who uses union time and fails to record 
that use in the applicable time and     
attendance tracking system shall be     

considered absent without leave and     
subject to appropriate adverse action4  
7ii7 ,willful or repeated failures ,a   
failure of a labor representative       
described in clause 7i7 shall constitute
 an impairment to the efficient of the  
service if that failure is willful or   
occurs in the same fiscal year as       
another such failure by that labor      
representative4  7iii7 ,limited review  
,adverse action taken against an        
employee under clause 7i7-- 7,i7 may not
 be determined to be an unfair labor    
practice or subject to grievance        
procedures or binding arbitration under 
section #gaba2 and  7,,ii7              
notwithstanding any other provision of  
law1 shall be sustained on appeal if the
 determination of the agency to take    
that adverse action against that        
employee is supported by substantial    
evidence4  7#c7 ,payment required ,the  
head of an agency may not forgive1      
reimburse1 waive1 or in any other manner
 reduce any fee charged under this      

section4  7#d7 ,compliance ,not later   
than #b years after the date of         
enactment of this section1 and every #b 
years thereafter1 the ,inspector        
,general of each agency shall-- 7,a7    
conduct an evaluation of the compliance 
of that agency and each relevant labor  
organization with the requirements of   
this section1 including the accuracy    
with which labor representatives        
recorded the use of union time1 the     
promptness with which fees under        
subsection 7b7 were charged and paid1   
and the valuation of agency resources   
provided for union use by that agency   
pursuant to subsection 7c77#b77;,b72 and
  7,b7 submit to the head of that       
agency1 the ,committee on ,homeland     
,security and ,governmental ,affairs of 
the ,senate1 and the ,committee on      
,oversight and ,government ,reform of   
the ,house of ,representatives a report 
on the findings of the evaluation       
required by subparagraph 7,a74  4  7b7  
,clerical amendment ,the table of       

sections for subchapter ,,iv of chapter 
#ga of title #e1 ,united ,states ,code1 
is amended by inserting after the item  
relating to section #gace the following3
  #gacf4 ,charging labor organizations  
for use of ,federal resources4  4