The bill
Official Time Reporting Act
HR. 5749, 119th Congress — read as touching Labor Unions.
Sponsored by
Rep. Foxx, Virginia [R-NC-5]
ID: F000450
Follow the money
The bill
HR. 5749, 119th Congress — read as touching Labor Unions.
The sponsor
Every bill has someone who introduced it. That name is where the paper trail starts.
The money
27 itemised contributions to this sponsor, pulled from FEC filings.
The alignment
This bill's text tracks the "Central Personnel Agencies: Managing the Bureaucracy" section, p. 109-111 of the Mandate for Leadership.
Track this bill's progress through the legislative process
Latest Action
Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 19.
December 1, 2025
📍 Current Status
Next: The bill will be reviewed by relevant committees who will debate, amend, and vote on it.
1. Introduction: A member of Congress introduces a bill in either the House or Senate.
2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.
3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.
5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
6. Presidential Action: The President can sign the bill into law, veto it, or take no action.
7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Another thrilling installment of Congressional Theater, brought to you by the esteemed sponsors of HR 5749, Ms. Foxx, Mr. Comer, and Mr. Palmer. *yawn*
**Main Purpose & Objectives:** The Official Time Reporting Act is a masterclass in bureaucratic doublespeak, masquerading as a noble effort to "increase transparency" and "improve accountability" within the federal government. In reality, this bill is a thinly veiled attempt to strangle labor unions by requiring the Office of Personnel Management (OPM) to submit annual reports on the use of official time by federal employees.
**Key Provisions & Changes to Existing Law:** The bill amends Title 5 of the United States Code, adding a new subsection that requires the OPM Director to submit an annual report to Congress, detailing the use of official time by federal employees. This report must include a laundry list of information, including:
* Total amount of official time granted * Average amount of official time expended per employee in a bargaining unit * Agency-specific data on official time rates and usage * Information on labor organization dues withholding * Description of rooms or spaces used for official time activities
**Affected Parties & Stakeholders:** The usual suspects are affected by this bill:
* Federal employees, particularly those in labor unions * Labor organizations representing federal employees * Agency heads and management * Congressional committees with oversight responsibilities
**Potential Impact & Implications:** This bill is a classic case of "solution in search of a problem." By requiring the OPM to submit detailed reports on official time usage, Congress is attempting to create a narrative that labor unions are somehow abusing their privileges. The real goal is to restrict the ability of federal employees to engage in collective bargaining and other union activities.
In reality, this bill will likely lead to:
* Increased administrative burdens for agencies and OPM * Reduced transparency, as agencies may become more secretive about official time usage to avoid scrutiny * Further erosion of labor rights and collective bargaining power
The sponsors of this bill are either willfully ignorant or cynically manipulative. Either way, they're perpetuating a farce that will only serve to further entrench the bureaucratic quagmire that is our federal government.
Diagnosis: This bill suffers from a severe case of " Congressional Hypocrisy Syndrome" (CHS), characterized by a complete disconnect between stated goals and actual motivations. Treatment involves a healthy dose of skepticism, a strong critical thinking regimen, and a willingness to call out the obvious lies and spin.
Rep. Foxx, Virginia [R-NC-5]
Congress 119 • 2024 Election Cycle
No PAC contributions found
No committee contributions found
This bill has 8 cosponsors. Below are their top campaign contributors.
ID: C001108
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ID: P000609
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ID: C001115
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ID: S000250
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Hub layout: Politicians in center, donors arranged by type in rings around them.
Showing 56 nodes and 42 connections (41 secondary connections hidden)
Total contributions: $137,500
Showing top 25 donors by contribution amount
Which industries are materially affected by specific provisions in this bill. 2 helped.
Section 2(a) requires reporting on official time used by federal employees for labor organization activities, increasing transparency that could benefit unions by highlighting their representational work and potentially supporting collective bargaining rights.
The bill covers all federal employees, including those in federal education agencies (e.g., Department of Education, Bureau of Indian Education), so teacher unions representing these workers would benefit from increased oversight and reporting of official time used for union activities.
This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.
AI Analysis:
"The bill enhances OPM's oversight of official time used by federal employee labor representatives, aligning with Project 2025's emphasis on strengthening OPM's role and scrutinizing union activities, though it does not directly address the pay, benefits, or retirement reforms central to that section."
— 76 — Mandate for Leadership: The Conservative Promise to delay. With the proper limitation of labor union actions, the FLRA should have limited reason for appeals. The EEOC’s federal employee section should be transferred to the MSPB, and many of the OCS’s investigatory functions should be returned to the OPM. The MSPB could then become the main reviewer of adverse actions, greatly simplifying the burdensome appeal process. Making Civil Service Benefits Economically and Administratively Ratio- nal. In recent years, the combined wages and benefits of the executive branch civilian workforce totaled $300 billion according to official data. But even that amount does not properly account for billions in unfunded liability for retirement and other government reporting distortions. Official data also report employment as approximately 2 million, but this ignores approximately 20 million contractors who, while not eligible for government pay and benefits, do receive them indirectly through contracting (even if they are less generous). Official data also claim that national government employees are paid less than private-sector employees are paid for similar work, but several more neutral sources demonstrate that pub- lic-sector workers make more on average than their private-sector counterparts. All of this extravagance deserves close scrutiny. Market-Based Pay and Benefits. According to current law, federal workers are to be paid wages comparable to equivalent private-sector workers rather than compared to all private-sector employees. While the official studies claim that federal employees are underpaid relative to the private sector by 20 percent or more, a 2016 Heritage Foundation study found that federal employees received wages that were 22 percent higher than wages for similar private-sector workers; if the value of employee benefits was included, the total compensation premium for federal employees over their private-sector equivalents increased to between 30 percent and 40 percent.18 The American Enterprise Institute found a 14 percent pay premium and a 61 percent total compensation premium.19 Base salary is only one component of a federal employee’s total compensation. In addition to high starting wages, federal employees normally receive an annual cost-of-living adjustment (available to all employees) and generous scheduled raises known as step increases. Moreover, a large proportion of federal employ- ees are stationed in the Washington, D.C., area and other large cities and are entitled to steep locality pay enhancement to account for the high cost of living in these areas. A federal employee with five years’ experience receives 20 vacation days, 13 paid sick days, and all 10 federal holidays compared to an employee at a large private company who receives 13 days of vacation and eight paid sick days. Federal health benefits are more comparable to those provided by Fortune 500 employers with the government paying 72 percent of the weighted average premiums, but this is much higher than for most private plans. Almost half of private firms do not offer any employer contributions at all. — 77 — Central Personnel Agencies: Managing the Bureaucracy The obvious solution to these discrepancies is to move closer to a market model for federal pay and benefits. One need is for a neutral agency to oversee pay hiring decisions, especially for high-demand occupations. The OPM is independent of agency operations, so it can assess requirements more neutrally. For many years, with its Special Pay Rates program, the OPM evaluated claims that federal rates in an area were too low to attract competent employees and allowed agencies to offer higher pay when needed rather than increased rates for all. Ideally, the OPM should establish an initial pay schedule for every occupation and region, monitor turnover rates and applicant-to-position ratios, and adjust pay and recruitment on that basis. Most of this requires legislation, but the OPM should be an advocate for a true equality of benefits between the public and private sectors. Reforming Federal Retirement Benefits. Career civil servants enjoy retire- ment benefits that are nearly unheard of in the private sector. Federal employees retire earlier (normally at age 55 after 30 years), enjoy richer pension annuities, and receive automatic cost-of-living adjustments based on the areas in which they retire. Defined-benefit federal pensions are fully indexed for inflation—a practice that is extremely rare in the private sector. A federal employee with a preretire- ment income of $25,000 under the older of the two federal retirement plans will receive at least $200,000 more over a 20-year period than will private-sector work- ers with the same preretirement salary under historic inflation levels. During the early Reagan years, the OPM reformed many specific provisions of the federal pension program to save billions administratively. Under OPM pres- sure, Reagan and Congress ultimately ended the old Civil Service Retirement System (CSRS) entirely for new employees, which (counting disbursements for the unfunded liability) accounted for 51.3 percent of the federal government's total payroll. The retirement system that replaced it—the Federal Employees Retirement System (FERS)—reduced the cost of federal employee retirement dis- bursements to 28.5 percent of payroll (including contributions to Social Security and the employer match to the Thrift Savings Plan). More of the pension cost was shifted to the employee, but the new system was much more equitable for the 40 percent who received few or no benefits under the old system. By 1999, more than half of the federal workforce was covered by the new system, and the government’s per capita share of the cost (as the employer) was less than half the cost of the old system: 20.2 percent of FERS payroll vs. 44.3 percent of CSRS payroll, representing one of the largest examples of government savings anywhere. Although the government pension system has become more like private pension systems, it still remains much more generous, and other means might be considered in the future to move it even closer to private plans. GSA: Landlord and Contractor Management. The General Services Administration is best known as the federal government’s landlord—designing, constructing, managing, and preserving government buildings and leasing and
AI Analysis:
"Both the bill and the Project 2025 excerpt emphasize OPM oversight and greater accountability in managing the federal workforce; the bill's transparency reporting on official time aligns with the broader goal of improving performance measurement and reducing inefficiencies in bureaucracy."
— 73 — Central Personnel Agencies: Managing the Bureaucracy that would change regularly to depress cheating. President Donald Trump’s OPM planned to implement such changes but was delayed because of legal concerns over possible disparate impact. Courts have agreed to review the consent decree if the Uniform Guidelines on Employee Selection Procedures setting the technical requirements for sound exams are reformed. A government that is unable to select employees based on KSA-like test qualifications cannot work, and the OPM must move forward on this very basic personnel management obligation. The Centrality of Performance Appraisal. In the meantime, the OPM must manage the workforce it has. Before they can reward or discipline federal employees, managers must first identify who their top performers are and who is performing less than adequately. In fact, as Ludwig von Mises proved in his classic Bureaucracy,14 unlike the profit-and-loss evaluation tool used in the private sector, government performance measurement depends totally on a functioning appraisal system. If they cannot be identified in the first place within a functioning appraisal system, it is impossible to reward good performance or correct poor performance. The problem is that the collegial atmosphere of a bureaucracy in a multifaceted appraisal system that is open to appeals makes this a very challenging ideal to implement successfully. The GAO reported more recently that overly high and widely spread perfor- mance ratings were again plaguing the government, with more than 99 percent of employees rated fully successful or above by their managers, a mere 0.3 percent rated as minimally successful, and 0.1 percent actually rated unacceptable.15 Why? It is human nature that no one appreciates being told that he or she is less than outstanding in every way. Informing subordinates in a closely knit bureaucracy that they are not performing well is difficult. Rating compatriots is even consid- ered rude and unprofessional. Moreover, managers can be and often are accused of racial or sexual discrimination for a poor rating, and this discourages honesty. In 2018, President Trump issued Executive Order 1383916 requiring agen- cies to reduce the time for employees to improve performance before corrective action could be taken; to initiate disciplinary actions against poorly performing employees more expeditiously; to reiterate that agencies are obligated to make employees improve; to reduce the time for employees to respond to allegations of poor performance; to mandate that agencies remind supervisors of expiring employee probationary periods; to prohibit agencies from entering into settlement agreements that modify an employee’s personnel record; and to reevaluate proce- dures for agencies to discipline supervisors who retaliate against whistleblowers. Unfortunately, the order was overturned by the Biden Administration,17 so it will need to be reintroduced in 2025. The fact remains that meaningfully evaluating employees’ performance is a critical part of a manager’s job. In the Reagan appraisal process, managers were evaluated on how they themselves rated their subordinates. This is critical to
AI Analysis:
"The bill increases OPM's reporting and oversight of official time use, aligning with Project 2025's emphasis on greater accountability and transparency of central personnel agencies, but it does not address broader reforms such as merit-based performance, size reduction, or privatization advocated in the policy."
— 83 — Central Personnel Agencies: Managing the Bureaucracy and PPO’s chosen White House Liaisons and their staff at each agency, is essential to the management of this large, multilevel, resistant, and bureaucratic challenge. If “personnel is policy” is to be our general guide, it would make sense to give the President direct supervision of the bureaucracy with the OPM Director available in his Cabinet. A REFORMED BUREAUCRACY Today, the federal government’s bureaucracy cannot even meet its own civil service ideals. The merit criteria of ability, knowledge, and skills are no longer the basis for recruitment, selection, or advancement, while pay and benefits for com- parable work are substantially above those in the private sector. Retention is not based primarily on performance, and for the most part, inadequate performance is not appraised, corrected, or punished. The authors have made many suggestions here that, if implemented, could bring that bureaucracy more under control and enable it to work more efficiently and responsibly, which is especially required for the half of civilian government that administers its undeniable responsibilities for defense and foreign affairs. While a better administered central bureaucracy is crucial for both those and domestic responsibilities, the problem of properly running the government goes beyond simple bureaucratic administration. The specific deficiencies of the fed- eral bureaucracy—size, levels of organization, inefficiency, expense, and lack of responsiveness to political leadership—are rooted in the progressive ideology that unelected experts can and should be trusted to promote the general welfare in just about every area of social life. The Constitution, however, reserved a few enumerated powers to the federal government while leaving the great majority of domestic activities to state, local, and private governance. As James Madison explained: “The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement and prosperity of the state.”31 Modern progressive politics has simply given the national government more to do than the complex separa- tion-of-powers Constitution allows. That progressive system has broken down in our time, and the only real solution is for the national government to do less: to decentralize and privatize as much as possible and then ensure that the remaining bureaucracy is managed effectively along the lines of the enduring principles set out in detail here. AUTHORS’ NOTE: The authors are grateful for the collaborative work of the individuals listed as contributors to this chapter for the 2025 Presidential Transition Project. The authors alone assume responsibility for the content of this chapter, and no views expressed herein should be attributed to any other individual. — 84 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. U.S. Constitution, Article II, Section 2, https://www.law.cornell.edu/constitution/articleii#section1 (accessed February 1, 2023). 2. 5 U.S. Code §§ 1101 et seq. and 1103(a)(5), https://www.law.cornell.edu/uscode/text/5/part-II/chapter-11 (accessed February 1, 2023). 3. 5 U.S. Code § 1201, https://www.law.cornell.edu/uscode/text/5/1201 (accessed February 1, 2023). 4. 5 U.S. Code § 7101, https://www.law.cornell.edu/uscode/text/5/7101 (accessed February 1, 2023), and § 7117, https://www.law.cornell.edu/uscode/text/5/7117 (accessed February 1, 2023). 5. S. 1871, An Act to Prevent Pernicious Political Activities, Public Law No. 76-252, August 2, 1939, https:// govtrackus.s3.amazonaws.com/legislink/pdf/stat/53/STATUTE-53-Pg1147.pdf (accessed February 1, 2023). 6. H.R. 995, Uniformed Services Employment and Reemployment Rights Act of 1994, Public Law No. 103-353, 101st Congress, October 13, 1994, https://www.congress.gov/103/statute/STATUTE-108/STATUTE-108-Pg3149. pdf (accessed February 1, 2023). 7. 5 U.S. Code § 1206, https://www.law.cornell.edu/uscode/text/5/1206 (accessed February 1, 2023). 8. 42 U.S. Code § 2000e, https://www.law.cornell.edu/uscode/text/42/2000e (accessed February 1, 2023). 9. 40 U.S. Code § 581, https://www.law.cornell.edu/uscode/text/40/581 (accessed February 1, 2023). 10. U.S. National Archives, “Milestone Documents: Pendleton Act (1883),” last reviewed February 8, 2022, https:// www.archives.gov/milestone-documents/pendleton-act (accessed February 2, 2023). 11. S. 2640, Civil Service Reform Act of 1978, Public Law No. 95-454, 95th Congress, October 13, 1978, https:// www.congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg1111.pdf (accessed February 2, 2023). 12. Donovan Sack and Bill Theobald, “Veterans Affairs Pays $140 Million in Bonuses Amid Scandals,” USA Today, November 11, 2015, https://www.usatoday.com/story/news/politics/2015/11/11/veterans-affairs-pays-142- million-bonuses-amid-scandals/75537586/ (accessed March 15, 2023). 13. U.S. Government Accountability Office, “Federal Workforce: Distribution of Performance Ratings Across the Federal Government, 2013,” GAO-16-520R, May 9, 2016, https://www.gao.gov/assets/gao-16-520r.pdf (accessed March 15, 2023); U.S. Government Accountability Office, Results-Oriented Management: OPM Needs to Do More to Ensure Meaningful Distinctions Are Made in SES Ratings and Performance Awards, GAO-15- 189, January 2015, https://www.gao.gov/assets/gao-15-189.pdf (accessed March 15, 2023); U.S. Government Accountability Office, “Measuring Federal Employee Performance,” WatchBlog, posted October 18, 2016, https://www.gao.gov/blog/2016/10/18/measuring-federal-employee-performance (accessed March 15, 2023); Lisa Rein, “The Federal Workforce, Where Everyone’s Performance Gets Rave Reviews,” The Washington Post, June 13, 2016, https://www.washingtonpost.com/news/powerpost/wp/2016/06/13/heres-the-news-from-the- federal-government-where-everyone-is-above-average-way-above/ (accessed March 15, 2023). 14. Ludwig von Mises, Bureaucracy (New Haven, CT: Yale University Press, 1944), https://ia902300.us.archive. org/17/items/mises-pdfs/1944-01-01_LudwigVonMises_Bureaucracy.pdf (accessed February 2, 2023). 15. Figure 1, “Permanent, Non-Senior Executive Service Employee Performance Rating Outcomes (All Rating Systems, Calendar Year 2013),” in U.S. Government Accountability Office, “Federal Workforce: Distribution of Performance Ratings Across the Federal Government, 2013,” p. 6. 16. President Donald J. Trump, Executive Order 13839, “Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles,” May 25, 2018, in Federal Register, Vol. 83, No. 106 (June 1, 2018), pp. 25343–25347, https://www.govinfo.gov/content/pkg/FR-2018-06-01/pdf/2018-11939.pdf (accessed February 2, 2023). 17. President Joseph R. Biden Jr., Executive Order 14003, “Protecting the Federal Workforce,” January 22, 2021, in Federal Register, Vol. 86, No. 16 (January 27, 2021), pp. 7231–7233, https://www.govinfo.gov/content/pkg/FR- 2021-01-27/pdf/2021-01924.pdf (accessed February 2, 2023). 18. Rachel Greszler and James Sherk, “Why It Is Time to Reform Compensation for Federal Employees,” The Heritage Foundation, July 27, 2016, https://www.heritage.org/jobs-and-labor/report/why-it-time-reform- compensation-federal-employees. 19. Andrew G. Biggs and Jason Richwine, “Comparing Federal and Private Sector Compensation,” American Enterprise Institute Working Paper No. 2011-02, revised June 2011, https://www.aei.org/wp-content/ uploads/2011/10/AEI-Working-Paper-on-Federal-Pay-May-2011.pdf?x91208 (accessed February 2, 2023).
Showing 3 of 5 policy matches
Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.