S.Amdt. 2413

SA 2413. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 2360 proposed by Mr. Thune (for Mr. Graham) to the bill
H.R. 1, to provide for reconciliation pursuant to title II of H. Con.
Res. 14; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. CHARGING LABOR ORGANIZATIONS FOR USE OF FEDERAL
RESOURCES.

(a) In General.--Subchapter IV of chapter 71 of title 5,
United States Code, is amended by inserting after section
7135 the following:

``Sec. 7136. Charging labor organizations for use of Federal
resources

``(a) 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 control of the agency.
``(2) Agency resources provided for union use.--The term
`agency resources provided for union use'--
``(A) 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 performing non-
agency business; and
``(B) does not include any resource to the extent that the
resource is used for agency business.
``(3) Labor organization.--Notwithstanding section 7103,
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
111(d) of the Aviation and Transportation Security Act (49
U.S.C. 44935 note), except that the term does not include a
labor organization, not less than 51 percent of the members
of which are employees who are subject to mandatory
separation under section 8335 or 8425.
``(4) 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 periods, including wages, salary, and
other cash payments, agency contributions to employee health
and retirement benefits, employer payroll tax payments, paid
leave accruals, and the cost to the agency for other
benefits, divided by the number of hours that employee worked
in that pay period or pay periods.
``(5) Labor representative.--The term `labor
representative' means an employee of an agency serving in any
official or other representative capacity for a labor
organization (including as any officer or steward of a labor
organization) 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 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note).
``(6) 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 duty, either in service of that labor organization
or otherwise acting in the capacity as an employee
representative, including official time authorized under
section 7131.
``(b) Fees for Use of Agency Resources.--
``(1) In general.--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 quarter.
``(2) Fee calculation.--The amount of the fee the head of
an agency charges a labor organization 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 that labor organization while employed by
that agency in that quarter; and
``(B) the value of agency resources provided for union use
to that labor organization by that agency in that quarter.
``(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 organization charged a fee by that agency head
under paragraph (1) with respect to that calendar quarter a
notice stating the amount of that 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 the fee receives a notice under
subparagraph (A) with respect to that 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 the
fee.
``(B) Transfer to general fund.--The head of an agency
shall transfer each payment of a fee charged under paragraph
(1) that the agency head receives to the general fund of the
Treasury.
``(c) Value Determinations.--
``(1) In general.--The head of an agency charging a labor
organization a fee under subsection (b) 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 (2) of that subsection in accordance
with this subsection.
``(2) Values.--For the purposes of paragraph (2) of
subsection (b), with respect to a fee charged to a labor
organization by the head of an agency under paragraph (1) of
that 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 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 agency; and
``(B) 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
Administration, where applicable, or to the extent that those
rates are inapplicable to the use of those resources, the
market rate for the use of those resources, except that with
respect to resources 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 those resources for
the business of that labor organization shall be included.
``(3) Payment required.--The head of an agency may not
forgive, reimburse, waive, or in any other manner reduce any
fee charged under this section.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter IV of chapter 71 of title 5, United
States Code, is amended by inserting after the item relating
to section 7135 the following:

``7136. Charging labor organizations for use of Federal resources.''.
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