[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3561 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3561

 To require Federal agencies to permit employees to telework full-time 
during the public health emergency relating to COVID-19, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2020

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

_______________________________________________________________________

                                 A BILL


 
 To require Federal agencies to permit employees to telework full-time 
during the public health emergency relating to COVID-19, 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 ``Emergency Telework Act of 2020''.

SEC. 2. TELEWORK.

    (a) Definitions.--In this section--
            (1) the term ``agency'' means each authority of the 
        executive, legislative, or judicial branch of the Government of 
        the United States;
            (2) the term ``covered period'' means the period in which 
        the public health emergency declared by the Secretary of Health 
        and Human Services on January 31, 2020, under section 319 of 
        the Public Health Service Act (42 U.S.C. 247d) is initially in 
        effect;
            (3) the term ``Director'' means the Director of the Office 
        of Personnel Management;
            (4) the term ``eligible employee'' means an employee who--
                    (A) the head of the agency employing the employee 
                has determined is eligible to telework; and
                    (B) has not been officially disciplined for--
                            (i) being absent without permission for 
                        more than 5 days in any calendar year; or
                            (ii) viewing, downloading, or exchanging 
                        pornography, including child pornography, on a 
                        Federal Government computer or while performing 
                        official Federal Government duties;
            (5) the term ``employee'' means an employee of an agency;
            (6) the term ``Secretary'' means the Secretary of Health 
        and Human Services; and
            (7) the term ``telework'' has the meaning given the term in 
        section 6501 of title 5, United States Code.
    (b) Requirements.--
            (1) During covered period.--Notwithstanding any provision 
        of chapter 65 of title 5, United States Code, the head of each 
        agency shall--
                    (A) permit eligible employees with respect to the 
                agency to telework on a full-time basis during the 
                covered period; and
                    (B) evaluate whether the agency head should, with 
                respect to employees of the agency for whom the agency 
                head has not made a determination described in 
                subsection (a)(4)(A), make such a determination.
            (2) During renewal.--
                    (A) In general.--If the covered period is renewed, 
                the requirements under paragraph (1) shall remain in 
                effect during that renewal if the Secretary, in 
                coordination with the Director, determines that those 
                requirements would reduce the risk of community spread 
                with respect to COVID-19.
                    (B) Requirements not continued.--If, under 
                subparagraph (A), the Secretary, in coordination with 
                the Director, determines that the requirements under 
                paragraph (1) shall not remain in effect during a 
                renewal of the covered period, the head of each agency 
                shall--
                            (i) permit eligible employees with respect 
                        to the agency who are at high-risk with respect 
                        to the public health emergency described in 
                        subsection (a)(2) (as determined according to 
                        guidance issued by the Centers for Disease 
                        Control and Prevention) to telework on a full-
                        time basis during that renewal;
                            (ii) during that renewal, permit full-time 
                        telework for eligible employees with respect to 
                        the agency, the work sites of whom are in areas 
                        in which the maximum use of telework would 
                        reduce the risk of community spread with 
                        respect to COVID-19, as determined by the 
                        Secretary, in coordination with the Director; 
                        and
                            (iii) evaluate whether employees of the 
                        agency with respect to whom the agency head has 
                        not made a determination described in 
                        subsection (a)(4)(A), but who otherwise are 
                        described in clauses (i) and (ii), may become 
                        eligible employees during that renewal.
            (3) Waiver.--The head of an agency may waive the 
        requirements of any provision of paragraph (1) or (2) that 
        applies with respect to an employee of the agency if the agency 
        head determines that there is a compelling reason for the 
        waiver that relates to the effective operation of the Federal 
        Government.
            (4) Plan for future outbreaks.--Not later than 1 year after 
        the date of enactment of this Act, the Director, in 
        coordination with the Secretary, shall establish a policy--
                    (A) to maximize the use of telework by the Federal 
                workforce during a period in which there is in effect a 
                public health emergency that the Secretary of Human 
                Services declares under section 319 of the Public 
                Health Service Act (42 U.S.C. 247d) on a date that is 
                after the date of enactment of this Act with respect to 
                an outbreak of an infectious disease; and
                    (B) that shall be designed to be implemented before 
                implementing any continuity of operations plan with 
                respect to any outbreak described in subparagraph (A).
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