Telework Metrics and Cost Savings Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Telework Metrics and 4 Cost Savings Act’’. 5 SEC. 2. IMPROVEMENTS TO FEDERAL AGENCY TELE- 6 WORKING PROGRAMS. 7 (a) DEFINITION OF TELEWORK.—Section 6501(3) of 8 title 5, United States Code, is amended by inserting after 9 VerDate Sep 11 2014 04:19 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3428.IS S3428 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3428 IS ‘‘performs’’ the following: ‘‘(on a periodic or full-time 1 basis)’’. 2 (b) TELEWORK PARTICIPATION GOALS.—Chapter 65 3 of title 5, United States Code, is amended— 4 (1) in section 6502— 5 (A) in subsection (b)— 6 (i) in paragraph (4)(B), by striking 7 ‘‘and’’ at the end; 8 (ii) in paragraph (5), by striking the 9 period at the end and inserting a semi- 10 colon; and 11 (iii) by adding at the end the fol- 12 lowing: 13 ‘‘(6) include annual goals for increasing the 14 percentage of employees of the executive agency who 15 participate in telework— 16 ‘‘(A) 3 or more days per pay period; 17 ‘‘(B) 1 or 2 days per pay period; 18 ‘‘(C) once per month; and 19 ‘‘(D) on an occasional, episodic, or short- 20 term basis; and 21 ‘‘(7) include methods for collecting data on, set- 22 ting goals for, and reporting cost savings to the ex- 23 ecutive agency that are achieved through telework, 24 consistent with the guidance established under sec- 25 VerDate Sep 11 2014 04:19 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3428.IS S3428 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3428 IS tion 2(c) of the Telework Metrics and Cost Savings 1 Act.’’; and 2 (B) by adding at the end the following: 3 ‘‘(d) NOTIFICATION FOR REDUCTION IN TELEWORK 4 PARTICIPATION.—Not later than 30 days before the date 5 on which an executive agency implements or modifies a 6 telework plan that would reduce the percentage of employ- 7 ees of the agency who participate in telework, the head 8 of the executive agency shall provide written notification 9 of the proposed implementation or modification, which 10 shall include a justification for the reduction and a de- 11 scription of how the agency will pay for any increased 12 costs resulting from the reduction, to— 13 ‘‘(1) the Director of the Office of Personnel 14 Management; 15 ‘‘(2) the Committee on Homeland Security and 16 Governmental Affairs of the Senate; and 17 ‘‘(3) the Committee on Oversight and Reform 18 of the House of Representatives. 19 ‘‘(e) PROHIBITION ON AGENCY-WIDE LIMITS ON 20 TELEWORKING.—An agency— 21 ‘‘(1) may not prohibit all employees of the 22 agency from participating in any delineated period of 23 telework, including a period described in any of sub- 24 VerDate Sep 11 2014 04:19 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3428.IS S3428 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3428 IS paragraphs (A) through (D) of subsection (b)(6); 1 and 2 ‘‘(2) shall make any telework determination 3 with respect to an employee, or a group of employ- 4 ees, of the agency on a case-by-case basis.’’; and 5 (2) in section 6506(b)(2)— 6 (A) in subparagraph (F)(vi), by striking 7 ‘‘and’’ at the end; 8 (B) in subparagraph (G), by striking the 9 period at the end and inserting a semicolon; 10 and 11 (C) by adding at the end the following: 12 ‘‘(H) agency cost savings achieved through 13 telework, consistent with the guidance estab- 14 lished under section 2(c) of the Telework 15 Metrics and Cost Savings Act; and 16 ‘‘(I) a detailed explanation of a plan to in- 17 crease the Government-wide telework participa- 18 tion rate above that rate with respect to fiscal 19 year 2016, including agency-level plans to main- 20 tain or improve that rate for each of the fre- 21 quency categories described in subparagraph 22 (A)(iii).’’. 23 (c) GUIDANCE.— 24 VerDate Sep 11 2014 04:19 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3428.IS S3428 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3428 IS (1) DEFINITIONS.—In this subsection, the 1 terms ‘‘executive agency’’ and ‘‘telework’’ have the 2 meanings given those terms in section 6501 of title 3 5, United States Code, as amended by this section. 4 (2) REQUIREMENT.—Not later than 90 days 5 after the date of enactment of this Act, the Director 6 of the Office of Personnel Management, in collabora- 7 tion with the Chief Human Capital Officers Council, 8 shall establish uniform guidance for executive agen- 9 cies regarding how to collect data on, set goals for, 10 and report cost savings achieved through telework, 11 which shall account for cost savings achieved 12 through telework that relate to travel, energy use, 13 and the use of real estate. 14 (d) TECHNICAL CORRECTION.—Section 6506(b)(1) 15 of title 5, United States Code, is amended, in the matter 16 preceding subparagraph (A), by striking ‘‘with Chief’’ and 17 inserting ‘‘with the Chief’’. 18 Æ VerDate Sep 11 2014 04:19 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3428.IS S3428 kjohnson on DSK79L0C42PROD with BILLS