```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3015 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 732
118th CONGRESS
  2d Session
                                S. 3015

                          [Report No. 118-312]

 To amend title 5, United States Code, to address telework for Federal 
                   employees, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2023

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

            December 19 (legislative day, December 16), 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To amend title 5, United States Code, to address telework for Federal 
                   employees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Telework Reform Act of 
2023''.</DELETED>

<DELETED>SEC. 2. TELEWORK AND REMOTE WORK.</DELETED>

<DELETED>    (a) Amendments to Definitions.--Section 6501 of title 5, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (3); and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Remote work.--The term `remote work', 
        `remotely work', or `remotely working' refers to a work 
        flexibility arrangement under which an employee routinely 
        performs the duties and responsibilities of such employee's 
        position, and other authorized activities, from an approved 
        worksite--</DELETED>
                <DELETED>    ``(A) other than the location from which 
                the employee would otherwise work;</DELETED>
                <DELETED>    ``(B) that may be inside or outside the 
                local commuting area of the location from which the 
                employee would otherwise work; and</DELETED>
                <DELETED>    ``(C) that is typically the residence of 
                the employee.</DELETED>
        <DELETED>    ``(4) Telework.--The term `telework' or 
        `teleworking'--</DELETED>
                <DELETED>    ``(A) refers to a work flexibility 
                arrangement under which an employee performs the duties 
                and responsibilities of such employee's position, and 
                other authorized activities, from an approved worksite 
                other than the location from which the employee would 
                otherwise work; and</DELETED>
                <DELETED>    ``(B) includes remote work or remotely 
                working.''.</DELETED>
<DELETED>    (b) Executive Agencies Telework Requirement.--Section 
6502(b)(2) of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``and'' at 
        the end; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(C) is for a 1-year period; 
                and</DELETED>
                <DELETED>    ``(D) the agency manager, in consultation 
                with the supervisor of the applicable employee, shall 
                review annually to determine whether to renew the 
                agreement, taking into consideration--</DELETED>
                        <DELETED>    ``(i) whether the scope of the 
                        agreement, or the duties of the employee, have 
                        changed;</DELETED>
                        <DELETED>    ``(ii) the performance of the 
                        employee; and</DELETED>
                        <DELETED>    ``(iii) the needs of the 
                        agency;''.</DELETED>
<DELETED>    (c) Training and Monitoring.--Section 6503(a)(1) of title 
5, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A)--</DELETED>
                <DELETED>    (A) by inserting ``, which shall include 
                training on accurate reporting of remote work and 
                telework usage'' after ``agency''; and</DELETED>
        <DELETED>    (2) by striking subparagraph (B) and inserting the 
        following:</DELETED>
                <DELETED>    ``(B) all managers and supervisors of 
                teleworkers and remote workers, which shall--</DELETED>
                        <DELETED>    ``(i) be provided on an annual 
                        basis; and</DELETED>
                        <DELETED>    ``(ii) include training on 
                        accurate reporting of employee remote work and 
                        telework eligibility and participation in 
                        agency time and attendance 
                        systems;''.</DELETED>
<DELETED>    (d) Policy and Support.--Section 6504 of title 5, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``performance management,''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting 
                ``remote work and telework performance management'' 
                before ``measures''; and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``guidelines not later than'' and all that follows 
                through the period at the end and inserting the 
                following: ``guidelines--</DELETED>
                <DELETED>    ``(A) not later than 180 days after the 
                date of enactment of this chapter to ensure the 
                adequacy of information and security protections for 
                information and information systems used while 
                teleworking; and</DELETED>
                <DELETED>    ``(B) not later than 180 days after the 
                date of enactment of the Telework Reform Act of 2023 to 
                ensure the adequacy of information and security 
                protections for information and information systems 
                used while remotely working.''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(3) Review.--The Director of the Office of 
        Management and Budget, in coordination with the Department of 
        Homeland Security and the National Institute of Standards and 
        Technology, shall--</DELETED>
                <DELETED>    ``(A) perform an annual review of the 
                guidelines issued under this subsection; and</DELETED>
                <DELETED>    ``(B) make any updates to the guidelines 
                issued under this subsection that are determined to be 
                appropriate as a result of a review conducted under 
                subparagraph (A).''.</DELETED>
<DELETED>    (e) Duties of Telework Managing Officer.--Section 6505(b) 
of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (2)(C), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) by redesignating paragraph (3) as paragraph 
        (5); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (2)(C), as 
        amended by paragraph (1) of this subsection, the 
        following:</DELETED>
        <DELETED>    ``(3) issue to employees of the applicable 
        executive agency a biannual remote work and telework survey--
        </DELETED>
                <DELETED>    ``(A) which shall be designed to evaluate, 
                at a minimum, the effectiveness of--</DELETED>
                        <DELETED>    ``(i) performance management with 
                        respect to executive agency employees who 
                        participate in the telework program of the 
                        executive agency, as compared to the 
                        effectiveness of performance management for 
                        other employees;</DELETED>
                        <DELETED>    ``(ii) strategies for engaging 
                        with executive agency employees while those 
                        employees participate in the telework program 
                        of the executive agency; and</DELETED>
                        <DELETED>    ``(iii) remote work and telework 
                        training for executive agency managers and 
                        employees; and</DELETED>
                <DELETED>    ``(B) the results of which the Telework 
                Managing Officer shall submit to the leadership of the 
                executive agency, including the Chief Human Capital 
                Officer of the executive agency;</DELETED>
        <DELETED>    ``(4) maintain an executive agency remote work and 
        telework web page that serves as an information portal for 
        employees of the executive agency who are seeking information 
        with respect to remote work and telework policies, contact 
        information for remote work and telework coordinators, and 
        remote work and telework training resources; and''.</DELETED>
<DELETED>    (f) OPM Reports.--Section 6506 of title 5, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)(A)(ii), by striking 
                ``Government Reform'' and inserting ``Accountability''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking clause (iii) and inserting the 
                        following:</DELETED>
                        <DELETED>    ``(iii) the number and percent of 
                        eligible employees in the agency who are 
                        remotely working or teleworking--</DELETED>
                                <DELETED>    ``(I) full-time, such that 
                                those employees are not required to 
                                report to the locations from which 
                                those employees would otherwise work on 
                                a regular and recurring 
                                basis;</DELETED>
                                <DELETED>    ``(II) 3 or more days per 
                                pay period;</DELETED>
                                <DELETED>    ``(III) 1 or 2 days per 
                                pay period; and</DELETED>
                                <DELETED>    ``(IV) on a situational, 
                                episodic, or short-term basis;''; 
                                and</DELETED>
                        <DELETED>    (ii) in subparagraph (F)--
                        </DELETED>
                                <DELETED>    (I) in clause (v), by 
                                inserting ``and cost savings'' after 
                                ``productivity''; and</DELETED>
                                <DELETED>    (II) in clause (vi), by 
                                inserting ``well-being and'' after 
                                ``employee''; and</DELETED>
        <DELETED>    (2) in subsection (c)(1)(A)(ii), by striking 
        ``Government Reform'' and inserting 
        ``Accountability''.</DELETED>
<DELETED>    (g) Reports.--</DELETED>
        <DELETED>    (1) Definitions.--In this subsection, the terms 
        ``executive agency'', ``remote work'', and ``telework'' have 
        the meanings given those terms in section 6501 of title 5, 
        United States Code, as amended by subsection (a) of this 
        section.</DELETED>
        <DELETED>    (2) Chief human capital officers.--Not later than 
        180 days after the date of enactment of this Act, the Chief 
        Human Capital Officer of each executive agency shall submit to 
        the Director of the Office of Personnel Management and Congress 
        a report that contains--</DELETED>
                <DELETED>    (A) an overview of a process to update 
                current (as of the date on which the report is 
                submitted) remote work and telework eligibility 
                requirements of the executive agency;</DELETED>
                <DELETED>    (B) recommendations regarding ways in 
                which to update matters relating to remote work and 
                telework practices, including practices relating to 
                core business hours, flexible schedules, performance 
                management, and employee satisfaction; and</DELETED>
                <DELETED>    (C) recommended solutions to barriers that 
                prevent the executive agency from delivering consistent 
                and reliable data with respect to remote work and 
                telework to the Office of Personnel 
                Management.</DELETED>
        <DELETED>    (3) Executive agencies.--Not later than 1 year 
        after the date of enactment of this Act, the head of each 
        executive agency, in coordination with the Chief Human Capital 
        Officer of the executive agency, the Chief Financial Officer of 
        the executive agency, the Director of the Office of Management 
        and Budget, and the Administrator of General Services, shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Oversight and 
        Accountability of the House of Representatives a report that 
        identifies--</DELETED>
                <DELETED>    (A) the potential value that would result 
                from increasing remote work and other telework 
                opportunities for employees of particular departments 
                within the executive agency;</DELETED>
                <DELETED>    (B) which job classifications within the 
                executive agency could benefit from being performed 
                exclusively through remote work;</DELETED>
                <DELETED>    (C) the ways that the executive agency 
                could coordinate with the Secretary of Defense to 
                recruit the spouses of members of the Armed Forces for 
                positions, the responsibilities of which are performed 
                through remote work;</DELETED>
                <DELETED>    (D) expected cost savings as a result of 
                increased remote work and telework by employees of the 
                executive agency, taking into consideration the fact 
                that the executive agency may need to reinvest those 
                future cost savings to meet increased demands with 
                respect to technology;</DELETED>
                <DELETED>    (E) expected productivity outcomes from 
                the increased use of remote work and telework; 
                and</DELETED>
                <DELETED>    (F) cybersecurity and information 
                technology infrastructure changes necessitated by the 
                increased use of remote work and telework.</DELETED>
<DELETED>    (h) Amendments to Regulations.--Not later than 90 days 
after the date of enactment of this Act, the Director of the Office of 
Personnel Management shall amend section 531.605(d)(1) of title 5, Code 
of Federal Regulations, or any successor regulation--</DELETED>
        <DELETED>    (1) to provide that the regular worksite of an 
        employee (where an employee's work activities are based) is the 
        employee's official worksite if the employee is scheduled to 
        work at least twice each biweekly pay period on a regular basis 
        at the regular worksite, or within the locality pay area for 
        that worksite, for the employee's position of record; 
        and</DELETED>
        <DELETED>    (2) to eliminate the material in the second 
        sentence of that provision.</DELETED>

<DELETED>SEC. 3. NONCOMPETITIVE APPOINTMENT TO REMOTE WORK 
              POSITIONS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Competitive service.--The term ``competitive 
        service'' has the meaning given the term in section 2102 of 
        title 5, United States Code.</DELETED>
        <DELETED>    (2) Director.--The term ``Director'' means the 
        Director of the Office of Personnel Management.</DELETED>
        <DELETED>    (3) Executive agency.--The term ``Executive 
        agency'' has the meaning given the term in section 105 of title 
        5, United States Code.</DELETED>
        <DELETED>    (4) Law enforcement officer.--The term ``law 
        enforcement officer'' means an individual occupying a position 
        in the 1801 or 1811 occupational series, as established by the 
        Director.</DELETED>
        <DELETED>    (5) Remotely work.--The term ``remotely work'' has 
        the meaning given the term in section 6501 of title 5, United 
        States Code, as amended by section 2 of this Act.</DELETED>
        <DELETED>    (6) Remote work position.--The term ``remote work 
        position'' means a position in the competitive service in which 
        the individual occupying the position remotely works.</DELETED>
        <DELETED>    (7) Veteran.--The term ``veteran'' has the meaning 
        given the term in section 2108 of title 5, United States 
        Code.</DELETED>
<DELETED>    (b) Regulations.--Under such regulations as the Director 
shall issue, an Executive agency may noncompetitively appoint, for 
other than temporary employment, to a remote work position any of the 
following individuals, if the head of that Executive agency determines 
that the individual is qualified for the position:</DELETED>
        <DELETED>    (1) An individual who--</DELETED>
                <DELETED>    (A) is certified by the Director as having 
                been a high-performing employee in a former position in 
                the competitive service; and</DELETED>
                <DELETED>    (B) has been separated from the former 
                position described in subparagraph (A) for less than 6 
                years.</DELETED>
        <DELETED>    (2) A veteran.</DELETED>
        <DELETED>    (3) An individual who is married to a member of 
        the Armed Forces or to a law enforcement officer.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telework Reform Act of 2024''.

SEC. 2. TELEWORK AND REMOTE WORK.

    (a) Amendments to Definitions.--Section 6501 of title 5, United 
States Code, is amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraphs (1) and (2) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting before paragraph (3), as so redesignated, 
        the following:
            ``(1) Agency-designated worksite.--The term `agency-
        designated worksite' means a location, established by the head 
        of an executive agency (or the designee of such an official), 
        from which an employee of the executive agency would otherwise 
        work when not teleworking.
            ``(2) Approved alternative worksite.--The term `approved 
        alternative worksite' means a worksite, approved by the head of 
        an executive agency (or the designee of such an official), 
        where an employee of the executive agency, through telework, 
        performs the duties and responsibilities of the position of the 
        employee, and other authorized activities, on a routine, 
        situational, or full-time basis.''; and
            (4) by adding at the end the following:
            ``(5) Remote work.--The term `remote work' or `working 
        remotely' means a category of telework under which an employee 
        performs the duties and responsibilities of the position of the 
        employee, and other authorized activities, on a full-time basis 
        from an approved alternative worksite other than the agency-
        designated worksite with respect to the employee.
            ``(6) Telework.--The term `telework' or `teleworking' means 
        a work flexibility arrangement under which an employee performs 
        the duties and responsibilities of the position of the 
        employee, and other authorized activities, on a routine, 
        situational, or full-time basis from an approved alternative 
        worksite other than the agency-designated worksite with respect 
        to the employee.''.
    (b) Executive Agencies Telework Requirement.--
            (1) In general.--Section 6502 of title 5, United States 
        Code, is amended--
                    (A) in subsection (b)--
                            (i) in the subsection heading, by striking 
                        ``Participation'' and inserting 
                        ``Requirements'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``and'' at the end; and
                                    (II) by adding at the end the 
                                following:
                    ``(C) is for a period of not longer than 1 year; 
                and
                    ``(D) the supervisor of the applicable employee, in 
                consultation with the Telework Managing Officer of the 
                agency, shall review not less frequently than annually 
                based on the needs of the agency, which shall include 
                an analysis of--
                            ``(i) whether agency telework policies and 
                        procedures, the duties of the employee, or the 
                        approved alternative worksite or agency-
                        designated worksite of the employee need to be 
                        changed;
                            ``(ii) the performance of the employee, as 
                        determined under the performance appraisal 
                        system of the agency developed under section 
                        4302 (or under a similar legal authority for an 
                        executive agency or employee to which section 
                        4302 does not apply); and
                            ``(iii) the needs of the agency, as 
                        determined by the head of the agency;'';
                            (iii) in paragraph (5), by striking ``and'' 
                        at the end;
                            (iv) in paragraph (6), by striking the 
                        period at the end and inserting ``; and''; and
                            (v) by adding at the end the following:
            ``(7) address the extent to which telework may be 
        restricted for an employee if--
                    ``(A) the employee has been officially disciplined 
                for being absent without permission for any period of 
                time while teleworking under a written agreement 
                entered into under paragraph (2);
                    ``(B) the performance of the employee falls below 
                acceptable levels, as determined under the performance 
                appraisal system of the agency developed under section 
                4302 (or under a similar legal authority for an 
                executive agency or employee to which section 4302 does 
                not apply); or
                    ``(C) the conduct of the employee violates other 
                terms or conditions of the policy.''; and
                    (B) by adding at the end the following:
    ``(d) Limitations on Remote Work.--The following shall apply with 
respect to an employee working remotely:
            ``(1) The employee may be expected to report to the agency-
        designated worksite of the employee on a periodic basis.
            ``(2) Notwithstanding any other provision of law or 
        regulation, if the employee is working remotely from an 
        approved alternative worksite that is located within a radius 
        of not more than 75 miles from the agency-designated worksite 
        of the employee, the employee may not be compensated or 
        reimbursed for any travel to or from that agency-designated 
        worksite unless that travel is--
                    ``(A) required during the workday; and
                    ``(B) approved by the head of the applicable 
                executive agency (or the designee of such an official), 
                in the sole and exclusive discretion of that 
                official.''.
            (2) Applicability.--With respect to subparagraph (C) of 
        section 6502(b)(2) of title 5, United States Code, as added by 
        paragraph (1) of this subsection--
                    (A) such subparagraph (C) shall not be enforced to 
                the extent that such subparagraph conflicts with any 
                applicable agreement described in section 7103(a)(8) of 
                such title 5, if the agreement was in effect before 
                October 1, 2024; and
                    (B) to the extent that an agreement described in 
                subparagraph (A) of this paragraph conflicts with the 
                requirements of such subparagraph (C), such 
                subparagraph (C) shall become enforceable beginning on 
                the earlier of--
                            (i) the date on which the agreement expires 
                        or becomes subject to renegotiation; or
                            (ii) the date that is 2 years after the 
                        date of enactment of this Act.
    (c) Training and Monitoring.--Section 6503(a) of title 5, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``, which shall include 
                        training on accurate reporting of remote work 
                        and telework usage'' after ``agency''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) all managers and supervisors of teleworkers 
                and remote workers, which shall--
                            ``(i) be provided on an annual basis; and
                            ``(ii) include training on accurate 
                        reporting of employee remote work and telework 
                        eligibility and participation in agency time 
                        and attendance systems;'';
            (2) in paragraph (3)(D), by striking ``and'' at the end;
            (3) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) the executive agency has established a system to 
        confirm that employees of the executive agency are performing 
        the duties, responsibilities, and authorized activities of the 
        positions of those employees solely at approved worksites under 
        guidelines of the Office of Personnel Management, developed in 
        consultation with the Director of the Office of Management and 
        Budget.''.
    (d) Policy and Support.--Section 6504 of title 5, United States 
Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``performance 
                management,''; and
                    (B) in paragraph (2), by inserting ``remote work 
                and telework performance management'' before 
                ``measures''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``guidelines not 
                later than'' and all that follows through the period at 
                the end and inserting the following: ``guidelines--
                    ``(A) not later than 180 days after the date of 
                enactment of this chapter to ensure the adequacy of 
                information and security protections for information 
                and information systems used while teleworking; and
                    ``(B) not later than 180 days after the date of 
                enactment of the Telework Reform Act of 2024 to ensure 
                the adequacy of information and security protections 
                for information and information systems used while 
                teleworking.''; and
                    (B) by adding at the end the following:
            ``(3) Review.--The Director of the Office of Management and 
        Budget, in coordination with the Department of Homeland 
        Security and the National Institute of Standards and 
        Technology, shall--
                    ``(A) perform an annual review of the guidelines 
                issued under this subsection; and
                    ``(B) make any updates to the guidelines issued 
                under this subsection that are determined to be 
                appropriate as a result of a review conducted under 
                subparagraph (A).''.
    (e) Duties of Telework Managing Officer.--Section 6505(b) of title 
5, United States Code, is amended--
            (1) in paragraph (2)(C), by striking ``and'' at the end;
            (2) by redesignating paragraph (3) as paragraph (5); and
            (3) by inserting after paragraph (2)(C), as amended by 
        paragraph (1) of this subsection, the following:
            ``(3) issue to employees of the applicable executive agency 
        a biennial remote work and telework survey--
                    ``(A) which shall be designed to evaluate, at a 
                minimum, the effectiveness of--
                            ``(i) performance management with respect 
                        to executive agency employees who participate 
                        in the telework program of the executive 
                        agency, as compared to the effectiveness of 
                        performance management for other employees;
                            ``(ii) strategies for engaging with 
                        executive agency employees while those 
                        employees participate in the telework program 
                        of the executive agency; and
                            ``(iii) remote work and telework training 
                        for executive agency managers and employees; 
                        and
                    ``(B) the results of which the Telework Managing 
                Officer shall submit to the leadership of the executive 
                agency, including the Chief Human Capital Officer of 
                the executive agency;
            ``(4) maintain an executive agency remote work and telework 
        web page that serves as an information portal for employees of 
        the executive agency who are seeking information with respect 
        to remote work and telework policies, contact information for 
        remote work and telework coordinators, and remote work and 
        telework training resources; and''.
    (f) OPM Reports.--Section 6506 of title 5, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A)(ii), by striking 
                ``Government Reform'' and inserting ``Accountability''; 
                and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking clause 
                        (iii) and inserting the following:
                            ``(iii) the number and percent of eligible 
                        employees in the agency who are remotely 
                        working or teleworking--
                                    ``(I) full-time, such that those 
                                employees are not required to report to 
                                the agency-designated worksites of 
                                those employees on a regular and 
                                recurring basis;
                                    ``(II) 7 or more days per pay 
                                period;
                                    ``(III) 5 or 6 days per pay period;
                                    ``(IV) 3 or 4 days per pay period;
                                    ``(V) 1 or 2 days per pay period; 
                                and
                                    ``(VI) on a situational, episodic, 
                                or short-term basis;''; and
                            (ii) in subparagraph (F)--
                                    (I) in clause (v), by inserting 
                                ``and cost savings'' after 
                                ``productivity''; and
                                    (II) in clause (vi), by inserting 
                                ``well-being and'' after ``employee''; 
                                and
            (2) in subsection (c)(1)(A)(ii), by striking ``Government 
        Reform'' and inserting ``Accountability''.
    (g) Regulations.--
            (1) In general.--Chapter 65 of title 5, United States Code, 
        is amended by adding at the end the following:
``Sec. 6507. Regulations
    ``(a) In General.--The Director of the Office of Personnel 
Management shall prescribe regulations to carry out this chapter.
    ``(b) Contents.--The regulations prescribed under subsection (a) 
shall include appropriate procedures for--
            ``(1) establishing the process through which an executive 
        agency shall evaluate a position for eligibility and approval 
        for telework (including remote work) under this chapter, which 
        shall require an executive agency to--
                    ``(A) consider the duties of the position;
                    ``(B) establish a process through which the 
                executive agency shall determine the agency-designated 
                worksite and approved alternative worksite for the 
                position; and
                    ``(C) consider the potential costs and savings 
                associated with approving a position as eligible for 
                telework or remote work;
            ``(2) processing a change in the eligibility for an 
        employee working remotely from an approved alternative worksite 
        within a radius of more than 75 miles from the agency-
        designated worksite of the employee;
            ``(3) establishing which officials within an executive 
        agency may designate a position within the executive agency as 
        eligible for remote work;
            ``(4) if necessary, defining a limited geographical 
        boundary within which the approved alternative worksite of an 
        employee must be located, which shall be based on--
                    ``(A) the need of the executive agency, as 
                determined by the head of the executive agency; or
                    ``(B) the requirements of the applicable position;
            ``(5) for an employee working remotely, processing and 
        approving a change of the approved alternative worksite of the 
        employee when the employee requests such a change; and
            ``(6) for an employee working remotely, the ability of whom 
        to continue working remotely is not offered by the applicable 
        executive agency after the expiration of a written agreement 
        entered into under section 6502(b)(2) for a reason that does 
        not include the conduct or performance of the employee, 
        entering into a written remote work transition agreement, which 
        shall--
                    ``(A) be for a period of not longer than 1 year;
                    ``(B) provide the employee with the ability to 
                participate in remote work during the period in which 
                the transition agreement is in effect; and
                    ``(C) otherwise satisfy the requirements of section 
                6502(b)(2).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 65 of title 5, United States Code, is 
        amended by adding at the end the following:

``6507. Regulations.''.
    (h) Reports.--
            (1) Definitions.--In this subsection, the terms ``executive 
        agency'', ``remote work'', and ``telework'' have the meanings 
        given those terms in section 6501 of title 5, United States 
        Code, as amended by this section.
            (2) Chief human capital officers.--Not later than 180 days 
        after the date of enactment of this Act, the Chief Human 
        Capital Officer of each executive agency shall submit to the 
        Director of the Office of Personnel Management and Congress a 
        report that contains--
                    (A) an overview of a process to update current (as 
                of the date on which the report is submitted) telework 
                and remote work eligibility requirements of the 
                executive agency;
                    (B) recommendations regarding ways in which to 
                update matters relating to telework and remote work 
                practices, including practices relating to core 
                business hours, flexible schedules, performance 
                management, and employee satisfaction;
                    (C) recommended solutions to barriers that prevent 
                the executive agency from delivering consistent and 
                reliable data with respect to telework and remote work 
                to the Office of Personnel Management;
                    (D) metrics used by the executive agency to 
                evaluate the performance of employees of the executive 
                agency; and
                    (E) methods used by the executive agency to track 
                and evaluate the productivity of employees of the 
                executive agency when those employees are teleworking.
            (3) Executive agencies.--Not later than 1 year after the 
        date of enactment of this Act, the head of each executive 
        agency, in coordination with the Director of the Office of 
        Personnel Management, the Chief Human Capital Officer of the 
        executive agency, the Chief Financial Officer of the executive 
        agency, the Chief Information Officer of the executive agency, 
        the Director of the Office of Management and Budget, and the 
        Administrator of General Services, shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Oversight and Accountability of the 
        House of Representatives a report that identifies--
                    (A) the potential value that would result from 
                increasing remote work and other telework opportunities 
                for employees of particular components within the 
                executive agency;
                    (B) the potential disadvantages that would result 
                from increasing remote work and other teleworking 
                opportunities for employees of particular components 
                within the executive agency, including the effects of 
                remote work on--
                            (i) newly appointed employees;
                            (ii) collaboration between employees;
                            (iii) the ability of managers to 
                        effectively supervise other employees; and
                            (iv) employee productivity;
                    (C) which job classifications within the executive 
                agency could benefit from being performed exclusively 
                through remote work;
                    (D) which job classifications within the executive 
                agency could suffer from being performed primarily or 
                exclusively through telework;
                    (E) which job classifications within the executive 
                agency could benefit from being performed exclusively 
                through in-person work;
                    (F) actionable strategies for enhancing 
                coordination between the head of the executive agency 
                and the Secretary of Defense to recruit the spouses of 
                members of the Armed Forces for positions, the 
                responsibilities of which are performed through remote 
                work;
                    (G) expected cost savings as a result of increased 
                remote work and telework by employees of the executive 
                agency, taking into consideration the fact that the 
                executive agency may need to reinvest those future cost 
                savings to meet increased demands with respect to 
                technology;
                    (H) expected cost increases as a result of 
                increased remote work and telework by employees of the 
                executive agency, taking into consideration costs 
                associated with changes in cybersecurity and 
                information technology infrastructure and the extra 
                equipment required for telework;
                    (I) expected productivity outcomes from the 
                increased use of remote work and telework;
                    (J) cybersecurity and information technology 
                infrastructure changes necessitated by the increased 
                use of remote work and telework; and
                    (K) barriers that prevent the executive agency from 
                meeting in-person work targets, if applicable.
            (4) Office of management and budget.--Not later than 30 
        days after the date of enactment of this Act, and on the fifth 
        day of each month thereafter for 60 months, the Director of the 
        Office of Management and Budget, in consultation with the 
        Administrator of General Services and the Director of the 
        Office of Personnel Management, shall submit to Congress a 
        report regarding, for the period covered by the report, in-
        person attendance by employees of executive agencies.
            (5) Comptroller general of the united states.--
                    (A) Study.--The Comptroller General of the United 
                States shall conduct a study comparing the processing 
                times for constituent services provided by executive 
                agencies, as of the date on which the study is 
                completed, with those average processing times during 
                2019, which shall include a comparison of the number of 
                constituents seeking services and the personnel 
                available in each executive agency to service 
                constituent requests.
                    (B) Report.--Not later than 90 days after the date 
                of enactment of this Act, the Comptroller General of 
                the United States shall submit to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Oversight and 
                Accountability of the House of Representatives a report 
                containing the results of the study conducted under 
                subparagraph (A).
    (i) Amendments to Regulations.--
            (1) Definitions.--In this subsection, the terms ``approved 
        alternative worksite'' and ``working remotely'' have the 
        meanings given those terms in section 6501 of title 5, United 
        States Code, as amended by this section.
            (2) Requirement.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management shall amend section 531.605 of title 5, Code of 
        Federal Regulations, or any successor regulation, to--
                    (A) clarify that the official worksite of an 
                employee working remotely is the regular worksite 
                established as an approved alternative worksite of the 
                employee under the written agreement entered into by 
                the employee under section 6502(b)(2) of title 5, 
                United States Code, as amended by this section; and
                    (B) distinguish between remotely working employees 
                and employees whose work location varies on a recurring 
                basis.

SEC. 3. NONCOMPETITIVE APPOINTMENT TO REMOTE WORK POSITIONS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (2) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 105 of title 5, United 
        States Code.
            (3) Law enforcement officer.--The term ``law enforcement 
        officer''--
                    (A) has the meaning given the term in section 8401 
                of title 5, United States Code; and
                    (B) includes--
                            (i) an employee (as defined in section 8401 
                        of title 5, United States Code)--
                                    (I) the duties of the position of 
                                whom include the investigation or 
                                apprehension of individuals suspected 
                                or convicted of offenses against the 
                                criminal laws of the United States; and
                                    (II) who is authorized to carry a 
                                firearm;
                            (ii) an employee of the Department of 
                        Veterans Affairs who is a Department police 
                        officer under section 902 of title 38, United 
                        States Code; and
                            (iii) an employee of U.S. Customs and 
                        Border Protection--
                                    (I) who is a seized property 
                                specialist in the GS-1801 job series; 
                                and
                                    (II) the duties of the position of 
                                whom include activities relating to the 
                                efficient and effective custody, 
                                management, and disposition of seized 
                                and forfeited property.
            (4) Qualified covered veteran.--The term ``qualified 
        covered veteran'' has the meaning given the term in section 
        4212(a)(3) of title 38, United States Code.
            (5) Remote work.--The term ``remote work'' has the meaning 
        given the term in section 6501 of title 5, United States Code, 
        as amended by section 2 of this Act.
            (6) Remote work position.--The term ``remote work 
        position'' means a position determined by the head of an 
        Executive agency to be eligible for remote work under 
        regulations prescribed by the Director under section 6507 of 
        title 5, United States Code, as added by section 2 of this Act.
    (b) Noncompetitive Appointment.--An Executive agency may 
noncompetitively appoint, for other than temporary employment, to a 
remote work position an individual who is a qualified covered veteran 
or who is married to a member of the Armed Forces, if the head of that 
Executive agency determines that the individual is qualified for the 
position.
    (c) Law Enforcement Spouse Pilot Program.--
            (1) In general.--During the period beginning on the date of 
        enactment of this Act and ending on the last day of the fiscal 
        year in which the date that is 7 years after the date of 
        enactment of this Act falls, an Executive agency may 
        noncompetitively appoint, for other than temporary employment, 
        to a remote work position an individual who is married to a law 
        enforcement officer, if the head of that Executive agency 
        determines that the individual is qualified for the position.
            (2) Reports.--Not later than the last day of the fiscal 
        year in which the date that is 4 years after the date of 
        enactment of this Act falls, and annually thereafter until the 
        authority to carry out the pilot program under paragraph (1) 
        expires, the Director shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Oversight and Accountability of the House of 
        Representatives a report that addresses the results of that 
        pilot program, which shall include--
                    (A) the number, pay or grade level, location, and 
                longevity in Federal service of each individual 
                appointed under that pilot program; and
                    (B) any other information that the Director 
                determines relevant to consider the effectiveness of 
                that pilot program in recruiting and retaining law 
                enforcement officers.
    (d) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Director shall issue or amend regulations, 
to the extent necessary, to carry out this section.
                                                       Calendar No. 732

118th CONGRESS

  2d Session

                                S. 3015

                          [Report No. 118-312]

_______________________________________________________________________

                                 A BILL

 To amend title 5, United States Code, to address telework for Federal 
                   employees, and for other purposes.

_______________________________________________________________________

            December 19 (legislative day, December 16), 2024

                       Reported with an amendment
```