[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3428 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3428

    To amend title 5, United States Code, to improve Federal agency 
               telework programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2020

Ms. Hirono (for herself, Mr. Cardin, and Mr. Van Hollen) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 5, United States Code, to improve Federal agency 
               telework programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telework Metrics and Cost Savings 
Act''.

SEC. 2. IMPROVEMENTS TO FEDERAL AGENCY TELEWORKING PROGRAMS.

    (a) Definition of Telework.--Section 6501(3) of title 5, United 
States Code, is amended by inserting after ``performs'' the following: 
``(on a periodic or full-time basis)''.
    (b) Telework Participation Goals.--Chapter 65 of title 5, United 
States Code, is amended--
            (1) in section 6502--
                    (A) in subsection (b)--
                            (i) in paragraph (4)(B), by striking 
                        ``and'' at the end;
                            (ii) in paragraph (5), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
            ``(6) include annual goals for increasing the percentage of 
        employees of the executive agency who participate in telework--
                    ``(A) 3 or more days per pay period;
                    ``(B) 1 or 2 days per pay period;
                    ``(C) once per month; and
                    ``(D) on an occasional, episodic, or short-term 
                basis; and
            ``(7) include methods for collecting data on, setting goals 
        for, and reporting cost savings to the executive agency that 
        are achieved through telework, consistent with the guidance 
        established under section 2(c) of the Telework Metrics and Cost 
        Savings Act.''; and
                    (B) by adding at the end the following:
    ``(d) Notification for Reduction in Telework Participation.--Not 
later than 30 days before the date on which an executive agency 
implements or modifies a telework plan that would reduce the percentage 
of employees of the agency who participate in telework, the head of the 
executive agency shall provide written notification of the proposed 
implementation or modification, which shall include a justification for 
the reduction and a description of how the agency will pay for any 
increased costs resulting from the reduction, to--
            ``(1) the Director of the Office of Personnel Management;
            ``(2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            ``(3) the Committee on Oversight and Reform of the House of 
        Representatives.
    ``(e) Prohibition on Agency-Wide Limits on Teleworking.--An 
agency--
            ``(1) may not prohibit all employees of the agency from 
        participating in any delineated period of telework, including a 
        period described in any of subparagraphs (A) through (D) of 
        subsection (b)(6); and
            ``(2) shall make any telework determination with respect to 
        an employee, or a group of employees, of the agency on a case-
        by-case basis.''; and
            (2) in section 6506(b)(2)--
                    (A) in subparagraph (F)(vi), by striking ``and'' at 
                the end;
                    (B) in subparagraph (G), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(H) agency cost savings achieved through 
                telework, consistent with the guidance established 
                under section 2(c) of the Telework Metrics and Cost 
                Savings Act; and
                    ``(I) a detailed explanation of a plan to increase 
                the Government-wide telework participation rate above 
                that rate with respect to fiscal year 2016, including 
                agency-level plans to maintain or improve that rate for 
                each of the frequency categories described in 
                subparagraph (A)(iii).''.
    (c) Guidance.--
            (1) Definitions.--In this subsection, the terms ``executive 
        agency'' and ``telework'' have the meanings given those terms 
        in section 6501 of title 5, United States Code, as amended by 
        this section.
            (2) Requirement.--Not later than 90 days after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management, in collaboration with the Chief Human Capital 
        Officers Council, shall establish uniform guidance for 
        executive agencies regarding how to collect data on, set goals 
        for, and report cost savings achieved through telework, which 
        shall account for cost savings achieved through telework that 
        relate to travel, energy use, and the use of real estate.
    (d) Technical Correction.--Section 6506(b)(1) of title 5, United 
States Code, is amended, in the matter preceding subparagraph (A), by 
striking ``with Chief'' and inserting ``with the Chief''.
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