[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4347 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4347

To establish a Coronavirus Rapid Response Federal Labor-Management Task 
                     Force, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2020

  Mr. Schatz (for himself, Mr. Peters, Mr. Brown, Mrs. Feinstein, 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 establish a Coronavirus Rapid Response Federal Labor-Management Task 
                     Force, 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 ``Federal Labor-Management COVID 
Partnership Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 7103 of title 5, United States Code.
            (2) Coronavirus.--The term ``coronavirus'' means the 
        coronavirus disease of 2019 (COVID-19).
            (3) Coronavirus crisis.--The term ``coronavirus crisis'' 
        means the period--
                    (A) beginning on January 27, 2020, the first day of 
                the public health emergency declared by the Secretary 
                of Health and Human Services under section 319 of the 
                Public Health Service Act (42 U.S.C. 247d) on January 
                31, 2020, with respect to COVID-19; and
                    (B) ending on the date of the expiration of the 
                public health emergency declaration.
            (4) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 7103 of title 5, 
        United States Code.
            (5) Personal protective equipment.--The term ``personal 
        protective equipment'' means any protective equipment required 
        to prevent the wearer from contracting coronavirus, which may 
        include gloves, masks (including N-95 respirator masks), gowns, 
        goggles or other eyewear, face shields, or other garments or 
        equipment required for safety or to protect the wearer's body 
        from injury or infection based on the risk of exposure.

SEC. 3. CORONAVIRUS RAPID RESPONSE FEDERAL LABOR-MANAGEMENT PARTNERSHIP 
              TASK FORCE.

    (a) Establishment.--There is established in the executive branch 
the Coronavirus Rapid Response Federal Labor-Management Partnership 
Task Force (referred to in this Act as the ``Task Force'').
    (b) Membership.--
            (1) Composition.--The Task Force shall be composed of the 
        following members:
                    (A) The Director of the Office of Personnel 
                Management, or the designee of the Director.
                    (B) The Director of the National Institute for 
                Occupational Safety and Health, or the designee of the 
                Director.
                    (C) The Assistant Secretary of Labor for 
                Occupational Safety and Health, or the designee of the 
                Assistant Secretary.
                    (D) The Deputy Director for Management of the 
                Office of Management and Budget, or the designee of the 
                Deputy Director.
                    (E) A deputy secretary (or other officer with 
                agency-wide authority), or the designee of such deputy 
                secretary or officer, appointed by the President from 
                each of 2 agencies not otherwise represented on the 
                Task Force.
                    (F) The Chairman of the Federal Labor Relations 
                Authority.
                    (G) The Director of the Federal Mediation and 
                Conciliation Service.
                    (H) Five members to represent the respective labor 
                organizations that represent, as exclusive 
                representatives, the first and second largest numbers 
                of Federal agency employees, chosen by such respective 
                labor organizations proportionate to the bargaining 
                units represented by each such labor organization.
                    (I) One member to represent the organization 
                representing the largest number of Federal management 
                officials and Federal Government managers, supervisors, 
                and executives, chosen by such organization.
            (2) Initial appointments.--The members of the Task Force 
        shall be appointed or designated by not later than 15 days 
        after the date of enactment of this Act.
            (3) Period of appointment.--Each member of the Task Force 
        shall serve for the term of the Task Force.
            (4) Vacancies.--A vacancy in the Task Force--
                    (A) shall not affect the powers of the Task Force; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment.
    (c) Meetings.--
            (1) Initial meeting.--The Task Force shall hold the first 
        meeting of the Task Force not later than 30 days after the date 
        of enactment of this Act.
            (2) Frequency.--The Task Force shall meet weekly by any 
        electronic means necessary.

SEC. 4. DUTIES OF TASK FORCE.

    (a) Responsibilities and Functions.--
            (1) Study.--The Task Force shall conduct a thorough study 
        relating to the Federal Government's response and preparedness 
        for the coronavirus crisis with respect to agency employees, 
        by--
                    (A) addressing--
                            (i) the response of the Federal Government 
                        to the coronavirus crisis with respect to 
                        communication with, and utilization and 
                        treatment of, agency employees;
                            (ii) the necessary future steps for the 
                        Federal Government with respect to 
                        communication regarding the coronavirus crisis 
                        with, and utilization and treatment of, agency 
                        employees;
                            (iii) how the Federal Government should 
                        communicate with, and utilize or treat, agency 
                        employees regarding any future response to any 
                        additional outbreak of the coronavirus, other 
                        widespread disease or disaster, or national 
                        security emergency; and
                            (iv) each topic described in paragraph (2);
                    (B) assessing the actions taken by each agency 
                preparing the agency's employees for the coronavirus 
                crisis, including--
                            (i) all communication (including written, 
                        audio, and video communications, 
                        telecommunications, and communications through 
                        social media or website updates) regarding the 
                        preparations with workforce members and labor 
                        organizations representing those members during 
                        the period beginning January 1, 2020, and 
                        ending on the date by which the first report 
                        under subsection (b)(1)(A) is due;
                            (ii) any changes made in the agency's 
                        threat assessment; and
                            (iii) an inventory and assessment of the 
                        physical assets available, and the physical 
                        assets needed, for the agency to properly 
                        respond to the coronavirus crisis;
                    (C) establishing a recommended plan to implement 
                changes needed, as determined by the Task Force, 
                regarding each agency's threat assessment process and 
                inventory and assessment of physical assets available 
                or needed for the coronavirus crisis; and
                    (D) making recommendations for improvements that 
                could provide for greater safety and productivity of 
                agency employees--
                            (i) during ongoing operations during the 
                        coronavirus crisis; and
                            (ii) in preparation for future crises.
            (2) Topics.--The Task Force shall study and make 
        recommendations regarding each of the following topics:
                    (A) Role of labor organization participation.--
                Methods to ensure that agency employee labor 
                organizations are participating in discussions and 
                decision-making processes involving coronavirus 
                response at the agencies.
                    (B) Personal protective equipment distribution and 
                workforce needs.--With respect to personal protective 
                equipment--
                            (i) the adequate level of personal 
                        protective equipment needed by the agencies, 
                        which should, at a minimum, provide for the 
                        broad use of masks, gloves, and eyewear; and
                            (ii) the methods of procurement, 
                        allocation, and distribution of such equipment.
                    (C) Cleaning and disinfecting.--Guidance regarding 
                the best practices for cleaning and disinfecting 
                workplaces and equipment.
                    (D) Telework.--The optimal telework policies for 
                each agency, including--
                            (i) reviewing the agency employees who were 
                        classified as telework personnel during the 
                        initial response to the coronavirus crisis and 
                        the timing and methods by which such decisions 
                        were communicated to the agency employees;
                            (ii) recommending best practices for such 
                        determinations and communication in the future;
                            (iii) determining how much of the Federal 
                        workforce can telework, and identifying the 
                        reasons, if any, that an individual who is 
                        considered non-essential personnel of an agency 
                        cannot telework;
                            (iv) determining--
                                    (I) what equipment and training had 
                                been necessary, prior to the 
                                coronavirus crisis, to allow agency 
                                employees to be telework-ready;
                                    (II) how much of that equipment and 
                                training was in place at the beginning 
                                of the coronavirus crisis;
                                    (III) the equipment and training 
                                that has been provided regarding 
                                teleworking since the beginning of the 
                                coronavirus crisis;
                                    (IV) the additional work of 
                                agencies that can be conducted in a 
                                telework mode, if additional equipment 
                                and training are provided; and
                                    (V) the future steps to take to 
                                ensure all agency employees whose jobs 
                                can be conducted through telework are 
                                telework-ready; and
                            (v) determining guidelines for telework 
                        orders, for the entire executive branch or 
                        based on location or agency, that take into 
                        consideration health and safety of agency 
                        employees, the families and coworkers of agency 
                        employees, and the general public.
                    (E) Leave and safety protocol guidance and other 
                information.--Guidance for agency employees regarding 
                the use of leave during a national health pandemic and 
                proper safety protocols in the workplace, and any other 
                information that needs to be shared with agency 
                employees in a timely manner during a crisis or as a 
                crisis develops.
                    (F) After-action determinations.--Improvements to 
                the Federal Government's response to the coronavirus 
                crisis in the future, or to another health pandemic, 
                including--
                            (i) the actions that need to be taken, and 
                        the funds that need to be budgeted and 
                        appropriated, to improve coronavirus response 
                        in the future, including necessary technology 
                        (such as telecommunications equipment and 
                        computers), personal protective equipment, 
                        training, and instruction;
                            (ii) recommended guidelines regarding who 
                        decides protocols and what information should 
                        be relied upon to determine who needs personal 
                        protective equipment and other safety measures; 
                        and
                            (iii) the resources, communications, 
                        physical tools, and decision-making protocols 
                        needed in the future to best respond to the 
                        coronavirus crisis or another health pandemic.
    (b) Reports.--
            (1) In general.--The Task Force shall prepare and submit, 
        in accordance with paragraph (2)--
                    (A) by 60 days after the date of enactment of this 
                Act, a report that includes an assessment of the agency 
                actions described in subparagraphs (A)(i) and (B) of 
                subsection (a)(1) as of such date;
                    (B) by 90 days after the date of enactment of this 
                Act, a report that includes a complete assessment of 
                the response of the agencies to the coronavirus crisis, 
                as of the date of the assessment; and
                    (C) by 180 days after the date of enactment of this 
                Act, a report that provides--
                            (i) a plan for agencies to address future 
                        crises; and
                            (ii) recommendations of the Task Force 
                        regarding the topics and areas addressed in the 
                        study under subsection (a).
            (2) Submission.--The Task Force shall prepare and submit 
        the reports described in paragraph (1) to the chairperson and 
        ranking member of each of the following committees:
                    (A) The Committee on Oversight and Reform, the 
                Committee on Homeland Security, and the Committee on 
                Appropriations of the House of Representatives.
                    (B) The Committee on Homeland Security and 
                Governmental Affairs, the Committee on Commerce, 
                Science, and Transportation, and the Committee on 
                Appropriations of the Senate.

SEC. 5. POWERS OF TASK FORCE.

    (a) Hearings.--The Task Force may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Task Force considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Task Force may secure directly from an 
        agency such information as the Task Force considers necessary 
        to carry out this Act.
            (2) Furnishing information.--On request of the Task Force, 
        the head of an agency shall furnish the information to the Task 
        Force.
            (3) Required interviews.--In order to carry out its duties 
        under this Act, the Task Force shall take testimony and conduct 
        interviews to determine how agencies responded and prepared 
        their employees for the coronavirus response, including--
                    (A) collecting data and conducting after-action 
                interviews with the head of each agency, the highest-
                level human capital and health and safety managers of 
                each agency, and, as applicable, the labor organization 
                representatives for each agency; and
                    (B) any other verbal, written, or in-person 
                testimony, as determined appropriate by the Task Force, 
                from any officer or employee of each agency who had a 
                responsibility to respond to the coronavirus crisis.
            (4) Publicly available transcripts.--The Task Force shall 
        make public a transcript of each interview conducted, except in 
        cases where national security concerns prevents such 
        disclosure. The Task Force shall document any instances where 
        interviews are not made public.
    (c) Postal Services.--The Task Force may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.

SEC. 6. TASK FORCE PERSONNEL MATTERS.

    (a) Travel Expenses.--A member of the Task Force shall not receive 
compensation for their services on the Task Force, but shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Task Force.
    (b) Staff.--The Task Force may, without regard to any other 
provision of law or regulation, appoint and remove such personnel as 
may be necessary to enable the Task Force to perform the duties of the 
Task Force.
    (c) Compensation.--
            (1) In general.--Notwithstanding any other law, rule, 
        regulation, or Executive order, each representative of a labor 
        organization shall be authorized official time that is 
        sufficient to perform investigations, participate in the 
        functions of the Task Force, and be actively involved in the 
        activities of the Task Force for the pendency of the Task 
        Force.
            (2) Infrastructure.--During the pendency of the Task Force, 
        and notwithstanding any other law, rule, regulation, agreement, 
        or Executive order, the head of each agency shall, with respect 
        to any labor organization that is the exclusive representative 
        of a bargaining unit of not fewer than 500 employees--
                    (A) provide such labor organization with a 
                reasonable amount of office space, at no cost to the 
                labor organization, in all facilities leased, 
                controlled, operated, or owned by the agency;
                    (B) allow 1 employee of the agency, as designated 
                by the labor organization, to serve full-time as the 
                representative of the labor organization to the Task 
                Force, with such service being authorized as official 
                time;
                    (C) provide at least reasonable access to email 
                systems of that agency for the purpose of communicating 
                with members of the unit with respect to which the 
                labor organization is the exclusive representative; and
                    (D) provide the home address and telephone number 
                for each member of the unit represented by the labor 
                organization.
    (d) Detail of Federal Employees.--
            (1) In general.--An employee of an agency may be detailed 
        to the Task Force without reimbursement to the agency.
            (2) Effect of detail.--
                    (A) In general.--An employee detailed under 
                paragraph (1)--
                            (i) is deemed, for the purpose of 
                        preserving the allowances, privileges, rights, 
                        seniorities, and other benefits of the 
                        employee, an employee of the agency from which 
                        detailed; and
                            (ii) is entitled to pay, allowances, and 
                        benefits from funds available to the agency 
                        described in clause (i).
    (e) Procurement of Temporary and Intermittent Services.--The Task 
Force may procure temporary and intermittent services under section 
3109(b) of title 5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
that title.

SEC. 7. TERMINATION OF TASK FORCE.

    The Task Force shall terminate 90 days after the date on which the 
Task Force submits the final report required under section 4(b)(1)(C).

SEC. 8. AGENCY WORKING GROUPS.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the head of each agency shall establish an agency-specific 
working group, comprised of representatives of human capital, health 
and safety, and labor organizations of the agency, to develop and 
execute rapid response to future crises that include--
            (1) the role of labor organization participation;
            (2) preparedness acquisition and distribution of personal 
        protective equipment;
            (3) physical needs of the workforce;
            (4) a plan for maximum telework, if appropriate;
            (5) leave and safety protocol guidance; and
            (6) other information needed to execute rapid response 
        plans to address future crises.
    (b) Compensation.--
            (1) In general.--Notwithstanding any other law, rule, 
        regulation, or Executive order, each representative of a labor 
        organization shall be authorized official time sufficient to 
        investigate, participate, and be actively involved in the 
        working group for the pendency of the working group.
            (2) Infrastructure.--During the pendency of the working 
        group, and notwithstanding any other law, rule, regulation, 
        agreement, or Executive order, the head of each agency shall, 
        with respect to any labor organization that is the exclusive 
        representative of a bargaining unit of not fewer than 500 
        employees--
                    (A) provide such labor organization with a 
                reasonable amount of office space, at no cost to the 
                labor organization, in all facilities leased, 
                controlled, operated, or owned by the agency;
                    (B) allow 1 employee of the agency, to be 
                designated by the labor organization, to serve full-
                time as the representative of the labor organization to 
                the Task Force, with such service being authorized as 
                official time;
                    (C) provide at least reasonable access to email 
                systems of that agency for the purpose of communicating 
                with members of the unit with respect to which the 
                labor organization is the exclusive representative; and
                    (D) provide the home address and telephone number 
                for each member of the unit represented by the labor 
                organization.
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