S. 82

119 S82 IS: Telework Reform Act of 2025
 U.S. Senate
 2025-01-13
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 82  IN THE SENATE OF THE UNITED STATES   January 13, 2025   Mr. Lankford  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 2025 ”.
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 2025  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(b)(2) of title 5, United States Code, is amended—
(1)
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
(2)
in subparagraph (F)—
(A)
in clause (v), by inserting  and cost savings  after  productivity ; and
(B)
in clause (vi), by inserting  well-being and  after  employee .
(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 Government Reform 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 Government Reform 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 Government Reform 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.