H.R. 1461 — what changed

“III Labor management

“741. Records on use of official time

“(a) Tracking of official time—The Secretary shall track the use of official time by employees of the Department of Veterans Affairs in a manner that accounts for such time accurately and to a specific degree without the use of estimates or ranges of time.

“(b) Annual report

changed “(1) Not later than October 1 December 31 of each fiscal year, the Secretary shall submit to the Office of Personnel Management and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the use of official time by employees of the Department during the most recently ended fiscal year.

“(2) Each report under paragraph (1) 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.

changed “(B) The average total amount of official time expended and the amount of official time expended per bargaining unit employee.employee for term negotiations, mid-term negotiations, general labor-management relations, and dispute resolution.

“(C) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on the operations of the Department.

“(D) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time.

changed “(E) The total annual salary, job title, and amount of compensation (including fringe benefits) official time afforded to employees in connection with activities or purposes for which they were granted official time.any employee.

“(F) A description of any room or space designated at the Department where official time activities will be conducted, including the square footage of any such room or space.

changed “(c) For purposes “(G) A list of this section, the term official time means any period of time—employee granted a waiver under section 742(d) and justification for each such waiver.

added “(c) Definition of official time—For purposes of this section, the term official time means any period of time—

“(1) which may be granted to an employee under chapter 71 of title 5 (including a collective bargaining agreement entered into under such chapter) or chapter 74 of this title to perform representational or consultative functions; and

“(2) during which the employee would otherwise be in a duty status.

“742. Limitations on use of official time for certain purposes and individuals

removed “(a) Political activities and lobbying—Notwithstanding section 7131 of title 5, an employee of the Department may not use official time to carry out political activities or activities relating to lobbying.

changed “(b) Prohibition on use “(a) Political activities and lobbying—Notwithstanding section 7131 of official time by certain employees—A physician, dentist, podiatrist, chiropractor, title 5 or optometrist employed by any other provision of law, any employee of the Department may not use official time for any purpose.to carry out political activities or activities relating to lobbying.

changed “(c) Direct patient care—An employee “(b) Prohibition on use of the Department not covered official time by subsection (b) may spend no more than 25 percent certain employees—The following employees of the time such employee would otherwise be in a duty status on Department may not use official time if such employee—for any purpose:

changed “(1) is involved with direct patient care; orAny employee appointed under section 7401(1).

changed “(2) occupies a position Any employee with a an annual rate of basic pay equal to or higher greater than the rate of basic pay for GS–13 of the General Schedule.$100,000.

changed “(d) Limitation on all employees—An employee of the Department not covered by subsection (b) or (c) may spend no more than 50 percent of the time such “(3) Any employee would otherwise be in who is serving a duty status on official time.probationary period.

changed “(e) Official time defined—For purposes “(c) Limitation on all employees—Any employee of this section, the term “official time” has Department not covered by subsection (b) may spend no more than 25 percent of the meaning given that term time such employee would otherwise be in section 741(c).a duty status on official time.

added “(d) Waiver

added “(1) The Secretary may waive the requirements of subsection (b) or (c) with respect to an employee of the Department if the Secretary certifies, in writing, that the waiver is reasonable, necessary, and in the best interests of veterans.

added “(2) The authority provided to the Secretary under this subsection shall not be subject to bargaining under this title or chapter 71 of title 5, and the exercise of, or failure to exercise, such authority shall not be an unfair labor practice under this title or such chapter.

added “(e) Definition of official time—For purposes of this section, the term “official time” has the meaning given that term in section 741(c).

“743. Termination of collection of dues

added “Notwithstanding section 7115 of title 5, any exclusive bargaining agreement entered into pursuant to chapter 71 of such title by the Department shall provide that an employee of the Department may terminate a voluntary allotment for the payment of dues at any time. Any deductions for dues made pursuant to such allotment shall cease beginning on the first pay period after the termination is made.”

removed “Any exclusive bargaining agreement entered into pursuant to chapter 71 of title 5 by the Department shall provide that an employee of the Department may terminate a voluntary allotment for the payment of dues at any time. Any deductions for dues made pursuant to such allotment shall cease beginning on the first pay period after the termination is made.”

“719. Probationary period for employees

changed “(a) In general—Notwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of 18 months.2 years.

“(b) Covered employee—In this section, the term “covered employee”—

“(1) means any individual—

“(A) appointed to a permanent position within the competitive service at the Department; or

“(B) appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department; and

“(2) does not include any individual with a probationary period prescribed by section 7403 of this title.

changed “(c) Permanent hires—Not later than 90 days before the expiration of a covered employee’s probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary.”Secretary.

added “(d) Application—With respect to any individual described in subsection (b)(1)(A) and to whom this section applies, sections 7501(1) and 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by substituting “completed 2 years” for “completed 1 year” in each instance it appears.”