Telework Reform Act of 2024

Bill: 118-s-3015
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2023-10-04
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Commuting

Computer security and identity theft

Computers and information technology

Employee performance

Employment and training programs

Government employee pay, benefits, personnel management

Government information and archives

Labor-management relations

Law enforcement officers

Military personnel and dependents

Office of Personnel Management (OPM)

Veterans' education, employment, rehabilitation
Latest action: action_date: 2024-12-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 732.

Summaries:

tv_txt: II Calendar No. 732 118th CONGRESS 2d Session S. 3015 [Report No. 118–312] 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.

1. Short title This Act may be cited as the Telework Reform Act of 2023 . 2. Telework and remote work (a) Amendments to definitions Section 6501 of title 5, United States Code, is amended— (1) by striking paragraph (3); and (2) by adding at the end the following: (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— (A) other than the location from which the employee would otherwise work; (B) that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and (C) that is typically the residence of the employee. (4) Telework The term telework or teleworking — (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 (B) includes remote work or remotely working. . (b) Executive agencies telework requirement Section 6502(b)(2) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking and at the end; and (2) by adding at the end the following: (C) is for a 1-year period; and (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— (i) whether the scope of the agreement, or the duties of the employee, have changed; (ii) the performance of the employee; and (iii) the needs of the agency; . (c) Training and monitoring Section 6503(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A)— (A) by inserting , which shall include training on accurate reporting of remote work and telework usage after agency ; and (2) 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; . (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 2023 to ensure the adequacy of information and security protections for information and information systems used while remotely working. ; 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 biannual 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 locations from which those employees would otherwise work on a regular and recurring basis; (II) 3 or more days per pay period; (III) 1 or 2 days per pay period; and (IV) 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) 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 subsection (a) of 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) remote work and telework eligibility requirements of the executive agency; (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 (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. (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— (A) the potential value that would result from increasing remote work and other telework opportunities for employees of particular departments within the executive agency; (B) which job classifications within the executive agency could benefit from being performed exclusively through remote work; (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; (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; (E) expected productivity outcomes from the increased use of remote work and telework; and (F) cybersecurity and information technology infrastructure changes necessitated by the increased use of remote work and telework. (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— (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 (2) to eliminate the material in the second sentence of that provision. 3. Noncompetitive appointment to remote work positions (a) Definitions In this section: (1) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (2) Director The term Director means the Director of the Office of Personnel Management. (3) Executive agency The term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (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. (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. (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. (7) Veteran The term veteran has the meaning given the term in section 2108 of title 5, United States Code. (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: (1) An individual who— (A) is certified by the Director as having been a high-performing employee in a former position in the competitive service; and (B) has been separated from the former position described in subparagraph (A) for less than 6 years. (2) A veteran. (3) An individual who is married to a member of the Armed Forces or to a law enforcement officer.

1. Short title This Act may be cited as the Telework Reform Act of 2024 . 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: 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. 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.

December 19 (legislative day, December 16), 2024 Reported with an amendment

tv_txt: II 118th CONGRESS 1st Session S. 3015 IN THE SENATE OF THE UNITED STATES October 4, 2023 Mr. Lankford (for himself 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 amend title 5, United States Code, to address telework for Federal employees, and for other purposes.

1. Short title This Act may be cited as the Telework Reform Act of 2023 . 2. Telework and remote work (a) Amendments to definitions Section 6501 of title 5, United States Code, is amended— (1) by striking paragraph (3); and (2) by adding at the end the following: (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— (A) other than the location from which the employee would otherwise work; (B) that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and (C) that is typically the residence of the employee. (4) Telework The term telework or teleworking — (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 (B) includes remote work or remotely working. . (b) Executive agencies telework requirement Section 6502(b)(2) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking and at the end; and (2) by adding at the end the following: (C) is for a 1-year period; and (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— (i) whether the scope of the agreement, or the duties of the employee, have changed; (ii) the performance of the employee; and (iii) the needs of the agency; . (c) Training and monitoring Section 6503(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A)— (A) by inserting , which shall include training on accurate reporting of remote work and telework usage after agency ; and (2) 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; . (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 2023 to ensure the adequacy of information and security protections for information and information systems used while remotely working. ; 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 biannual 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 locations from which those employees would otherwise work on a regular and recurring basis; (II) 3 or more days per pay period; (III) 1 or 2 days per pay period; and (IV) 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) 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 subsection (a) of 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) remote work and telework eligibility requirements of the executive agency; (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 (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. (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— (A) the potential value that would result from increasing remote work and other telework opportunities for employees of particular departments within the executive agency; (B) which job classifications within the executive agency could benefit from being performed exclusively through remote work; (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; (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; (E) expected productivity outcomes from the increased use of remote work and telework; and (F) cybersecurity and information technology infrastructure changes necessitated by the increased use of remote work and telework. (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— (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 (2) to eliminate the material in the second sentence of that provision. 3. Noncompetitive appointment to remote work positions (a) Definitions In this section: (1) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (2) Director The term Director means the Director of the Office of Personnel Management. (3) Executive agency The term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (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. (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. (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. (7) Veteran The term veteran has the meaning given the term in section 2108 of title 5, United States Code. (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: (1) An individual who— (A) is certified by the Director as having been a high-performing employee in a former position in the competitive service; and (B) has been separated from the former position described in subparagraph (A) for less than 6 years. (2) A veteran. (3) An individual who is married to a member of the Armed Forces or to a law enforcement officer.