[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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