H.R. 5749 — Official Time Reporting Act

This section establishes an annual reporting requirement on agencies' use of official time (i.e., paid time federal employees spend on union representational activities, such as collective bargaining) under 5 U.S.C. §7131. Specifically, it requires the Director of the Office of Personnel Management (OPM), in consultation with the Director of the Office of Management and Budget, to submit a report by March 31 each calendar year to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs, and to make it publicly available online, covering official time activities in the prior fiscal year; agency heads must submit required data to OPM by December 31 each year per OPM guidance, including an explanation if the agency's average aggregate official time rate (i.e., weighted average of official time hours per end-of-fiscal-year bargaining unit employee across agency bargaining units) exceeds the prior year's rate. The OPM report must include, for the covered fiscal year: (1) total official time granted; (2) average official time per bargaining unit employee and total bargaining unit employees; (3) average aggregate official time rate per agency; (4) employing agency or subdivision; (5) total payroll dues withheld for exclusive representatives and number of employees paying dues via payroll; (6) types of official time activities and their effects on agency operations; (7) total employees granted official time and those engaged solely in such activities; (8) federal costs for official time (disaggregated by compensation, benefits, and travel/per diem/expenses); and (9) details on any agency-designated spaces for official time activities, including square footage and fair market value of any free or discounted government property use. OPM must present data in aggregate and by agency, with year-over-year comparisons (except in the first report), and issue implementing guidance within 180 days of enactment.