Federal Labor-Management COVID Partnership Act

II 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 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 ‘‘Federal Labor-Man- 4 agement COVID Partnership Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4347 IS (1) AGENCY.—The term ‘‘agency’’ has the 1 meaning given the term in section 7103 of title 5, 2 United States Code. 3 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 4 means the coronavirus disease of 2019 (COVID–19). 5 (3) CORONAVIRUS CRISIS.—The term 6 ‘‘coronavirus crisis’’ means the period— 7 (A) beginning on January 27, 2020, the 8 first day of the public health emergency de- 9 clared by the Secretary of Health and Human 10 Services under section 319 of the Public Health 11 Service Act (42 U.S.C. 247d) on January 31, 12 2020, with respect to COVID–19; and 13 (B) ending on the date of the expiration of 14 the public health emergency declaration. 15 (4) LABOR ORGANIZATION.—The term ‘‘labor 16 organization’’ has the meaning given the term in 17 section 7103 of title 5, United States Code. 18 (5) PERSONAL PROTECTIVE EQUIPMENT.—The 19 term ‘‘personal protective equipment’’ means any 20 protective equipment required to prevent the wearer 21 from contracting coronavirus, which may include 22 gloves, masks (including N–95 respirator masks), 23 gowns, goggles or other eyewear, face shields, or 24 other garments or equipment required for safety or 25 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4347 IS to protect the wearer’s body from injury or infection 1 based on the risk of exposure. 2 SEC. 3. CORONAVIRUS RAPID RESPONSE FEDERAL LABOR- 3 MANAGEMENT PARTNERSHIP TASK FORCE. 4 (a) ESTABLISHMENT.—There is established in the ex- 5 ecutive branch the Coronavirus Rapid Response Federal 6 Labor-Management Partnership Task Force (referred to 7 in this Act as the ‘‘Task Force’’). 8 (b) MEMBERSHIP.— 9 (1) COMPOSITION.—The Task Force shall be 10 composed of the following members: 11 (A) The Director of the Office of Per- 12 sonnel Management, or the designee of the Di- 13 rector. 14 (B) The Director of the National Institute 15 for Occupational Safety and Health, or the des- 16 ignee of the Director. 17 (C) The Assistant Secretary of Labor for 18 Occupational Safety and Health, or the des- 19 ignee of the Assistant Secretary. 20 (D) The Deputy Director for Management 21 of the Office of Management and Budget, or 22 the designee of the Deputy Director. 23 (E) A deputy secretary (or other officer 24 with agency-wide authority), or the designee of 25 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4347 IS such deputy secretary or officer, appointed by 1 the President from each of 2 agencies not oth- 2 erwise represented on the Task Force. 3 (F) The Chairman of the Federal Labor 4 Relations Authority. 5 (G) The Director of the Federal Mediation 6 and Conciliation Service. 7 (H) Five members to represent the respec- 8 tive labor organizations that represent, as ex- 9 clusive representatives, the first and second 10 largest numbers of Federal agency employees, 11 chosen by such respective labor organizations 12 proportionate to the bargaining units rep- 13 resented by each such labor organization. 14 (I) One member to represent the organiza- 15 tion representing the largest number of Federal 16 management officials and Federal Government 17 managers, supervisors, and executives, chosen 18 by such organization. 19 (2) INITIAL APPOINTMENTS.—The members of 20 the Task Force shall be appointed or designated by 21 not later than 15 days after the date of enactment 22 of this Act. 23 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4347 IS (3) PERIOD OF APPOINTMENT.—Each member 1 of the Task Force shall serve for the term of the 2 Task Force. 3 (4) VACANCIES.—A vacancy in the Task 4 Force— 5 (A) shall not affect the powers of the Task 6 Force; and 7 (B) shall be filled in the same manner as 8 the original appointment. 9 (c) MEETINGS.— 10 (1) INITIAL MEETING.—The Task Force shall 11 hold the first meeting of the Task Force not later 12 than 30 days after the date of enactment of this 13 Act. 14 (2) FREQUENCY.—The Task Force shall meet 15 weekly by any electronic means necessary. 16 SEC. 4. DUTIES OF TASK FORCE. 17 (a) RESPONSIBILITIES AND FUNCTIONS.— 18 (1) STUDY.—The Task Force shall conduct a 19 thorough study relating to the Federal Government’s 20 response and preparedness for the coronavirus crisis 21 with respect to agency employees, by— 22 (A) addressing— 23 (i) the response of the Federal Gov- 24 ernment to the coronavirus crisis with re- 25 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4347 IS spect to communication with, and utiliza- 1 tion and treatment of, agency employees; 2 (ii) the necessary future steps for the 3 Federal Government with respect to com- 4 munication regarding the coronavirus crisis 5 with, and utilization and treatment of, 6 agency employees; 7 (iii) how the Federal Government 8 should communicate with, and utilize or 9 treat, agency employees regarding any fu- 10 ture response to any additional outbreak of 11 the coronavirus, other widespread disease 12 or disaster, or national security emergency; 13 and 14 (iv) each topic described in paragraph 15 (2); 16 (B) assessing the actions taken by each 17 agency preparing the agency’s employees for 18 the coronavirus crisis, including— 19 (i) all communication (including writ- 20 ten, audio, and video communications, tele- 21 communications, and communications 22 through social media or website updates) 23 regarding the preparations with workforce 24 members and labor organizations rep- 25 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4347 IS resenting those members during the period 1 beginning January 1, 2020, and ending on 2 the date by which the first report under 3 subsection (b)(1)(A) is due; 4 (ii) any changes made in the agency’s 5 threat assessment; and 6 (iii) an inventory and assessment of 7 the physical assets available, and the phys- 8 ical assets needed, for the agency to prop- 9 erly respond to the coronavirus crisis; 10 (C) establishing a recommended plan to 11 implement changes needed, as determined by 12 the Task Force, regarding each agency’s threat 13 assessment process and inventory and assess- 14 ment of physical assets available or needed for 15 the coronavirus crisis; and 16 (D) making recommendations for improve- 17 ments that could provide for greater safety and 18 productivity of agency employees— 19 (i) during ongoing operations during 20 the coronavirus crisis; and 21 (ii) in preparation for future crises. 22 (2) TOPICS.—The Task Force shall study and 23 make recommendations regarding each of the fol- 24 lowing topics: 25 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4347 IS (A) ROLE OF LABOR ORGANIZATION PAR- 1 TICIPATION.—Methods to ensure that agency 2 employee labor organizations are participating 3 in discussions and decision-making processes in- 4 volving coronavirus response at the agencies. 5 (B) PERSONAL PROTECTIVE EQUIPMENT 6 DISTRIBUTION AND WORKFORCE NEEDS.—With 7 respect to personal protective equipment— 8 (i) the adequate level of personal pro- 9 tective equipment needed by the agencies, 10 which should, at a minimum, provide for 11 the broad use of masks, gloves, and 12 eyewear; and 13 (ii) the methods of procurement, allo- 14 cation, and distribution of such equipment. 15 (C) CLEANING AND DISINFECTING.—Guid- 16 ance regarding the best practices for cleaning 17 and disinfecting workplaces and equipment. 18 (D) TELEWORK.—The optimal telework 19 policies for each agency, including— 20 (i) reviewing the agency employees 21 who were classified as telework personnel 22 during the initial response to the 23 coronavirus crisis and the timing and 24 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4347 IS methods by which such decisions were com- 1 municated to the agency employees; 2 (ii) recommending best practices for 3 such determinations and communication in 4 the future; 5 (iii) determining how much of the 6 Federal workforce can telework, and iden- 7 tifying the reasons, if any, that an indi- 8 vidual who is considered non-essential per- 9 sonnel of an agency cannot telework; 10 (iv) determining— 11 (I) what equipment and training 12 had been necessary, prior to the 13 coronavirus crisis, to allow agency em- 14 ployees to be telework-ready; 15 (II) how much of that equipment 16 and training was in place at the be- 17 ginning of the coronavirus crisis; 18 (III) the equipment and training 19 that has been provided regarding tele- 20 working since the beginning of the 21 coronavirus crisis; 22 (IV) the additional work of agen- 23 cies that can be conducted in a 24 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4347 IS telework mode, if additional equip- 1 ment and training are provided; and 2 (V) the future steps to take to 3 ensure all agency employees whose 4 jobs can be conducted through 5 telework are telework-ready; and 6 (v) determining guidelines for 7 telework orders, for the entire executive 8 branch or based on location or agency, that 9 take into consideration health and safety of 10 agency employees, the families and cowork- 11 ers of agency employees, and the general 12 public. 13 (E) LEAVE AND SAFETY PROTOCOL GUID- 14 ANCE AND OTHER INFORMATION.—Guidance 15 for agency employees regarding the use of leave 16 during a national health pandemic and proper 17 safety protocols in the workplace, and any other 18 information that needs to be shared with agen- 19 cy employees in a timely manner during a crisis 20 or as a crisis develops. 21 (F) AFTER-ACTION DETERMINATIONS.— 22 Improvements to the Federal Government’s re- 23 sponse to the coronavirus crisis in the future, or 24 to another health pandemic, including— 25 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4347 IS (i) the actions that need to be taken, 1 and the funds that need to be budgeted 2 and appropriated, to improve coronavirus 3 response in the future, including necessary 4 technology (such as telecommunications 5 equipment and computers), personal pro- 6 tective equipment, training, and instruc- 7 tion; 8 (ii) recommended guidelines regarding 9 who decides protocols and what informa- 10 tion should be relied upon to determine 11 who needs personal protective equipment 12 and other safety measures; and 13 (iii) the resources, communications, 14 physical tools, and decision-making proto- 15 cols needed in the future to best respond 16 to the coronavirus crisis or another health 17 pandemic. 18 (b) REPORTS.— 19 (1) IN GENERAL.—The Task Force shall pre- 20 pare and submit, in accordance with paragraph 21 (2)— 22 (A) by 60 days after the date of enactment 23 of this Act, a report that includes an assess- 24 ment of the agency actions described in sub- 25 VerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4347 IS paragraphs (A)(i) and (B) of subsection (a)(1) 1 as of such date; 2 (B) by 90 days after the date of enactment 3 of this Act, a report that includes a complete 4 assessment of the response of the agencies to 5 the coronavirus crisis, as of the date of the as- 6 sessment; and 7 (C) by 180 days after the date of enact- 8 ment of this Act, a report that provides— 9 (i) a plan for agencies to address fu- 10 ture crises; and 11 (ii) recommendations of the Task 12 Force regarding the topics and areas ad- 13 dressed in the study under subsection (a). 14 (2) SUBMISSION.—The Task Force shall pre- 15 pare and submit the reports described in paragraph 16 (1) to the chairperson and ranking member of each 17 of the following committees: 18 (A) The Committee on Oversight and Re- 19 form, the Committee on Homeland Security, 20 and the Committee on Appropriations of the 21 House of Representatives. 22 (B) The Committee on Homeland Security 23 and Governmental Affairs, the Committee on 24 VerDate Sep 11 2014 21:16 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 4347 IS Commerce, Science, and Transportation, and 1 the Committee on Appropriations of the Senate. 2 SEC. 5. POWERS OF TASK FORCE. 3 (a) HEARINGS.—The Task Force may hold such 4 hearings, sit and act at such times and places, take such 5 testimony, and receive such evidence as the Task Force 6 considers advisable to carry out this Act. 7 (b) INFORMATION FROM FEDERAL AGENCIES.— 8 (1) IN GENERAL.—The Task Force may secure 9 directly from an agency such information as the 10 Task Force considers necessary to carry out this 11 Act. 12 (2) FURNISHING INFORMATION.—On request of 13 the Task Force, the head of an agency shall furnish 14 the information to the Task Force. 15 (3) REQUIRED INTERVIEWS.—In order to carry 16 out its duties under this Act, the Task Force shall 17 take testimony and conduct interviews to determine 18 how agencies responded and prepared their employ- 19 ees for the coronavirus response, including— 20 (A) collecting data and conductin [Text truncated for display. Full text available on Congress.gov.]