[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3924 Referred in Senate (RFS)]

  2d Session
                                H. R. 3924


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2002

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 AN ACT


 
          To authorize telecommuting for Federal contractors.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Telecommute Act of 
2002''.

SEC. 2. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRACTORS.

    (a) Amendment to the Federal Acquisition Regulation.--Not later 
than 180 days after the date of the enactment of this Act, the Federal 
Acquisition Regulation issued in accordance with sections 6 and 25 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) 
shall be amended to permit the use of telecommuting by employees of 
Federal contractors in the performance of contracts with executive 
agencies.
    (b) Content of Amendment.--(1) The amendment issued pursuant to 
subsection (a) shall, at a minimum, provide that solicitations for the 
acquisition of goods or services shall not set forth any requirement or 
evaluation criteria described in paragraph (2) unless the contracting 
officer first--
            (A) determines that the needs of the agency, including the 
        security needs of the agency, cannot be met without any such 
        requirement; and
            (B) explains in writing the basis for that determination.
    (2) A requirement or evaluation criteria under this paragraph is a 
requirement or evaluation criteria that would--
            (A) render an offeror ineligible to receive a contract 
        award based on the offeror's plan to allow its employees to 
        telecommute; or
            (B) reduce the scoring of an offeror's proposal based upon 
        the contractor's plan to allow its employees to telecommute.
    (c) GAO Report.--Not later than one year after the date on which 
the amendment required by subsection (a) is published in the Federal 
Register, the Comptroller General shall submit to Congress an 
evaluation of--
            (1) compliance by executive agencies with the regulations; 
        and
            (2) conformance of the regulations with existing law, 
        together with any recommendations that the Comptroller General 
        considers appropriate.
    (d) Definition.--In this section, the term ``executive agency'' has 
the meaning given that term in section 105 of title 5, United States 
Code.

            Passed the House of Representatives March 20, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.