S.Amdt. 878

SA 878. Mr. JOHNSON submitted an amendment intended to be proposed by
him to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1088. FEDERAL TAXPAYER-FUNDED UNION TIME.

(a) In General.--
(1) Amendment.--Section 7131 of title 5, United States
Code, is amended--
(A) in the section heading, by striking ``Official time''
and inserting ``Federal taxpayer-funded union time'';
(B) in subsection (a), by striking ``official time'' each
place it appears and inserting ``Federal taxpayer-funded
union time'';
(C) in subsection (c), by striking ``official time'' and
all that follows through ``duty status'' and inserting
``Federal taxpayer-funded union time for such purpose during
the time the employee otherwise would be in a duty status as
intended upon appointment to a position in the civil
service''; and
(D) in subsection (d), in the matter following paragraph
(2), by striking ``official time'' and inserting ``Federal
taxpayer-funded union time''.
(2) Technical and conforming amendments.--
(A) Section 1018(d) of the Foreign Service Act of 1980 (22
U.S.C. 4118(d)) is amended--
(i) by striking ``official time'' each place it appears and
inserting ``Federal taxpayer-funded union time''; and
(ii) in paragraph (3), by inserting ``as intended upon
appointment to a position in the civil service or foreign
service'' before the period at the end.
(B) The table of sections for chapter 71 of title 5, United
States Code, is amended by striking the item relating to
section 7131 and inserting the following:

``7131. Federal taxpayer-funded union time.''.

(b) Limitation on Use of Federal Taxpayer-funded Union Time
for Political Activity.--
(1) In general.--Section 7131 of title 5, United States
Code, is amended--
(A) in subsection (d) by inserting ``and subsection (e)''
after ``preceding subsections''; and
(B) by adding at the end the following:
``(e) An employee may not be granted Federal taxpayer-
funded union time under this section for any time such
employee would otherwise be in a duty status for purposes of
engaging in any political activity, including lobbying
activity.''.
(2) Applicability.--The amendment made by this subsection
shall apply on and after the date of enactment of this Act,
regardless of whether an employee is covered by a collective
bargaining agreement in effect on such date.
(c) Exclusion of Certain Durations of Federal Taxpayer-
funded Union Time From Creditable Service.--
(1) CSRS.--Section 8332 of title 5, United States Code, is
amended by adding at the end the following:

[[Page S5135]]

``(p)(1) An employee may not be allowed credit under this
section for service performed during any year during which
the service of the employee is spent principally on Federal
taxpayer-funded union time, as described under paragraph (2).
``(2) For purposes of this subsection, the service of an
employee during a year is spent principally on Federal
taxpayer-funded union time if at least 80 percent of the
hours such employee would otherwise be in a duty status
during such year are spent on Federal taxpayer-funded union
time granted under section 7131.
``(3) Notwithstanding paragraph (1), any service described
under paragraph (1) for which an employee is not allowed
credit under this subsection shall be treated as creditable
service for purposes of calculating the average pay of the
employee under section 8331(4).''.
(2) FERS.--Section 8411 of title 5, United States Code, is
amended by--
(A) striking ``(i)(1) Upon application'' and inserting
``(j)(1) Upon application''; and
(B) by adding at the end the following:
``(m)(1) An employee may not be allowed credit under this
section for service performed during any year during which
the service of the employee is spent principally on Federal
taxpayer-funded union time, as described under paragraph (2).
``(2) For purposes of this subsection, the service of an
employee during a year is spent principally on Federal
taxpayer-funded union time if at least 80 percent of the
hours such employee would otherwise be in a duty status
during such year are spent on Federal taxpayer-funded union
time granted under section 7131.
``(3) Notwithstanding paragraph (1), any service described
under paragraph (1) for which an employee is not allowed
credit under this subsection shall be considered service for
purposes of calculating the average pay of the employee under
section 8401(3).''.
(3) Applicability.--The amendments made by this subsection
shall apply to any applicable annuity calculated on or after
January 1, 2019.
(d) Limitation on Certain Bonuses.--
(1) Recruitment and relocation bonuses.--
(A) In general.--Section 5753 of title 5, United States
Code, is amended--
(i) in subsection (g) by inserting ``or the bonus is
subject to retraction under subsection (h)'' before the
period at the end; and
(ii) by adding at the end the following:
``(h) A bonus awarded under this section shall be retracted
and subject to repayment under subsection (g) in any case in
which an employee has spent at least 80 percent of the hours
such employee would otherwise be in a duty status on Federal
taxpayer-funded union time granted under section 7131 during
the period ending on the date that is 6 months after the
appointment or relocation of such employee, as applicable.''.
(B) Applicability.--The amendment made by subparagraph (A)
shall apply with respect to any applicable bonus awarded on
or after January 1, 2018.
(2) Retention bonuses.--Section 5754(d) of title 5, United
States Code, is amended by adding at the end the following:
``(5)(A) A retention bonus may not be paid to an employee
who, for a period of 6 consecutive months of service
associated with the bonus, has spent at least 80 percent of
the hours such employee would otherwise be in a duty status
on Federal taxpayer-funded union time granted under section
7131.
``(B) Subparagraph (A) shall apply with respect to any 6
consecutive months of service beginning on or after January
1, 2018.''.
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