Official Time Reporting Act

Bill Number

H.R. 5749

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-12-02: Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 19.

Last Updated

2026-01-09T16:41:29Z

AI-Generated Summary

Purpose of the Legislation

The "Official Time Reporting Act" (H.R. 5749) aims to increase transparency and accountability regarding "official time"—time federal employees spend on union-related activities while being paid by the government. It requires detailed annual reporting to Congress and the public on how this time is used across federal agencies.

Key Provisions

• Annual Reporting Requirement: The Director of the Office of Personnel Management (OPM), in consultation with the Director of the Office of Management and Budget (OMB), must submit a report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs by March 31 each year. The report covers official time usage from the previous fiscal year and is also posted publicly on the OPM website.
• Agency Data Submission: By December 31 each year, heads of federal agencies must provide OPM with required data on official time in their agencies, following OPM-issued guidance (which may include a standardized format).
• Explanation for Increases: If an agency's average official time usage rises compared to the prior year, the agency head must explain the reasons in the submitted data.
• Report Contents: Each report must include:
• Total official time granted.
• Average official time per employee in bargaining units (groups of employees represented by a union for collective bargaining) and total number of such employees.
• Average aggregate official time rate per agency (a weighted average of time spent on official activities relative to total employees).
• Breakdown by agency or subdivision.
• Total union dues withheld from employee paychecks via agency payroll systems and the number of employees paying dues this way.
• Types of activities for which official time was used and their effects on agency operations.
• Number of employees using official time, including those who used it exclusively.
• Total government costs for official time, broken down by employee compensation, benefits, travel, per diem, and other expenses.
• Details on any agency spaces used for official time activities, including size and any free or discounted government property provided to unions (with fair market value and payments received).
• Aggregated and Comparative Data: Reports provide data in aggregate for all agencies and broken down by agency. Starting from the second report, they include year-over-year comparisons and analysis.
• Guidance and Implementation: OPM must issue guidance to agencies within 180 days of enactment, including consultation with Chief Human Capital Officers. The new requirements take effect on the first April 1 that is at least six months after enactment.
• Definitions:
• Official time: Time an employee spends on non-agency (union-related) duties while on paid government time.
• Bargaining unit: A group of employees represented by a union for negotiations on pay, benefits, and working conditions.
• Official time rate: Total hours of official time divided by the number of employees in a bargaining unit at fiscal year-end.

Significant Changes to Existing Law

This bill amends Section 7131 of Title 5, U.S. Code (which already allows official time for union activities under federal labor laws). The key addition is the new subsection (e), mandating comprehensive annual reporting, data collection from agencies, and public disclosure—none of which existed before. It builds on prior laws by adding oversight without altering the core allowance of official time.

Potential Impacts

• On Government Agencies: Increases administrative workload for tracking and reporting official time data, potentially raising costs for compliance and guidance implementation. May lead to more scrutiny of union activities, influencing how agencies manage employee time and resources.
• On Citizens: Enhances public transparency into how taxpayer-funded time and spaces are used for union purposes, allowing better oversight of federal spending without direct effects on individual citizens.
• On International Relations: No direct impacts, as the bill focuses solely on domestic federal employee practices.

Main Stakeholders Affected

• Federal Agencies: Must collect and submit detailed data, explain increases in official time, and comply with OPM guidance.
• Office of Personnel Management (OPM) and Office of Management and Budget (OMB): Responsible for compiling reports, issuing guidance, and ensuring compliance.
• Federal Employees in Bargaining Units: Particularly union representatives, whose official time usage will be tracked and reported, potentially affecting their roles and privacy in activities.
• Labor Organizations (Unions): Face greater visibility into their use of government resources, including spaces and dues collection via payroll.
• Congress: Gains tools for oversight through required reports to specific committees, enabling review of federal labor practices.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens enforcement of existing federal labor laws (under the Federal Service Labor-Management Relations Statute) by adding mandatory reporting, which could support audits or future reforms without creating new rights or restrictions on official time itself. No challenges to collective bargaining rights are introduced.
• Constitutional: Aligns with First Amendment protections for union activities but promotes government transparency, which courts have upheld as a valid interest in public employee contexts. No apparent conflicts with due process or privacy rights, as data is aggregated and focused on usage rather than individual details.
• Political: Could fuel debates on federal union influence and taxpayer costs, appealing to those seeking efficiency in government operations while drawing criticism from labor advocates for added bureaucracy. As an introduced bill (not yet law), it reflects congressional interest in oversight but has no immediate effects.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Foxx, Virginia [R-NC-5]

Cosponsors (8)

Rep. Comer, James [R-KY-1], Rep. Palmer, Gary J. [R-AL-6], Rep. Cloud, Michael [R-TX-27], Rep. Sessions, Pete [R-TX-17], Rep. Burchett, Tim [R-TN-2], Rep. Perry, Scott [R-PA-10], Rep. McGuire, John J. [R-VA-5], Rep. Gill, Brandon [R-TX-26]

Recent Actions

• 2025-12-02: Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 19.
• 2025-12-02: Committee Consideration and Mark-up Session Held
• 2025-10-14: Referred to the House Committee on Oversight and Government Reform.
• 2025-10-14: Introduced in House
• 2025-10-14: Introduced in House

Bill Versions

• Official Time Reporting Act — issued 2025-10-14 — PDF (7 pages)