[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 f