[Senate Report 118-312]
[From the U.S. Government Publishing Office]
Calendar No. 732
118th Congress } { Report
SENATE
2nd Session } { 118-312
_______________________________________________________________________
TELEWORK REFORM ACT OF 2023
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3015
TO AMEND TITLE 5, UNITED STATES CODE, TO
ADDRESS TELEWORK FOR FEDERAL EMPLOYEES, AND
FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
ADAM SCHIFF, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Devin M. Parsons, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 732
118th Congress } { Report
SENATE
2nd Session } { 118-312
======================================================================
TELEWORK REFORM ACT OF 2023
_______
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3015]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3015) to amend
title 5, United States Code, to address telework for Federal
employees, and for other purposes, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................7
IV. Section-by-Section Analysis of the Bill, as Reported.............8
V. Evaluation of Regulatory Impact.................................10
VI. Congressional Budget Office Cost Estimate.......................10
VII. Changes in Existing Law Made by the Bill, as Reported...........12
I. Purpose and Summary
S. 3015, the Telework Reform Act of 2024, adds a definition
of ``remote work'' to federal statute that authorizes telework
arrangements for eligible federal employees. Remote work is
defined as a category of telework under which employees perform
their duties on a full-time basis from an approved alternative
worksite other than an agency-designated worksite. The bill
specifies that telework agreements between an agency manager
and an employee last for up to one year and that supervisors
need to review the telework agreements annually. It also notes
that employees may be restricted from telework if they have
been officially disciplined, have less than acceptable
performance, or have other conduct issues violating the terms
of the telework policy. The bill requires agencies to provide
training on accurate reporting of remote work and telework, and
it includes requirements related to information technology
security for systems used while teleworking. In addition, the
bill updates annual Office of Personnel Management (OPM)
reporting requirements related to the frequency employees
telework and requires additional reports from agency Chief
Human Capital Officers (CHCOs), heads of agencies, the Office
of Management and Budget (OMB), the Government Accountability
Office (GAO), and OPM on subjects including employee
performance, costs, cybersecurity, in-person attendance, and
constituent service processing times. Finally, the bill
authorizes noncompetitive appointments into remote positions
for qualified veterans, military spouses, and, as a pilot
program, spouses of federal law enforcement officers.
II. Background and Need for the Legislation
In December 2010, Congress passed the Telework Enhancement
Act of 2010 to specify the roles, responsibilities, and
expectations for all executive agencies that establish telework
policies for federal workers, including with regard to employee
eligibility and participation, program implementation, and
agency reporting requirements.\1\ As reflected in chapter 65 of
title 5, United States Code, the law requires executive
agencies to establish telework policies, ensure that employees
have an approved agreement on file prior to teleworking, and
provide telework training to employees eligible for telework
and managers of teleworkers.\2\ It also includes various
reporting requirements for OPM and executive agencies. OPM must
report annually on employee telework participation and the
impact of telework on various factors of agency operations
related to personnel, such as recruitment and retention.\3\
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\1\Pub. L. No: 111-292 (2010).
\2\5 U.S.C. Ch. 65.
\3\5 U.S.C. Sec. 6506(b).
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In April 2011, OPM issued guidance to assist agencies with
establishing telework policies aligned with the requirements in
statute.\4\ The guidance discussed that telework arrangements
may be full-time or part-time but that agencies allowing for
full-time telework is ``not the norm.''\5\ Teleworking
reporting requirements based statute and this guidance did not
result in the annual reports capturing the number of
individuals teleworking full-time, nor the average number of
days teleworked per two-week pay period.\6\ However, the annual
reports still provided relatively more consistent agency and
OPM reporting on telework compared to reports from prior
years.\7\
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\4\Office of Personnel Management, Guide to Telework in the Federal
Government (Apr. 2011) (www.opm.gov/telework/training/employee-
telework-fundamentals/Course/documents/telework_guide.pdf) at 5.
\5\Id. at 5.
\6\Id. and Pub. L. No: 111-292 (2010).
\7\See 5 U.S.C. Sec. 6506 and Office of Personnel Management
History, Legislation, and Reports (www.opm.gov/telework/history-
legislation-reports/) (accessed Oct. 29, 2024).
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In the years following the passage of the Telework
Enhancement Act of 2010, OPM annual reports indicate that
federal employee eligibility for telework ranged from 47% of
the federal workforce in 2012 to 39% in 2019.\8\ During the
same time period, participation in telework arrangements
increased from 14% of the total federal workforce to 22%, as a
higher percentage of telework-eligible federal employees began
actually participating in some form of telework.\9\
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\8\Office of Personnel Management, Status of Telework in the
Federal Government Report to Congress: Fiscal Year 2022 (Dec. 2023)
(www.opm.gov/telework/documents-for-telework/2023-report-to-
congress.pdf).
\9\Id. at 16.
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The onset of the COVID-19 pandemic led to a notable
increase in the number of employees eligible for telework, from
39% in 2019 to 50% in 2020.\10\ Even more significantly, the
percentage of telework-eligible employees who actually
participated in telework increased from 56% of eligible
employees to 90% in 2020.\11\ These increases began in March
2020 when OMB directed federal agencies to maximize employee
use of telework due to the COVID-19 pandemic.\12\ Based on data
through September 2020, GAO reported that the percentage of
employees who teleworked during the onset of the pandemic
increased at all major agencies. Over half of the major
agencies reported that time spent by federal workers in
telework status reached over 80% of total work time.\13\
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\10\Id. at 15.
\11\Id. at 15 and 16.
\12\Office of Management and Budget, Updated Guidance for the
National Capital Region on Telework Flexibilities in Response to
Coronavirus (Mar. 15, 2020) (www.whitehouse.gov/wp-content/uploads/
2020/03/M20-15-Telework-Guidance-OMB.pdf).
\13\Government Accountability Office, Covid-19: Federal Telework
Increased during the Pandemic, but More Reliable Data Are Needed to
Support Oversight (GAO-22-104282) (Feb. 8, 2022) at 10.
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The heightened level of telework participation continued
throughout the COVID-19 pandemic in both the public and private
sectors. Between 2020 and 2022, an average of 90% of telework-
eligible employees, peaking at 94%, engaged in some form of
telework, meaning 46% of the total federal workforce.\14\ Among
the U.S. workforce more broadly, GAO found that the percentage
of workers who teleworked for any portion of an average workday
increased from 24% in 2019 to 38% in 2021, with more
significant increases for positions that involve higher
earnings or require more education, as well as in fields such
as information, finance, scientific, and management
services.\15\
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\14\Office of Personnel Management, supra note 8, at 16.
\15\Government Accountability Office, Telework: Growth Support
Economic Activity during the Pandemic, but Future Impacts are Uncertain
(GAO-23-105999) (July 26, 2023).
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The most recent reporting on telework participation
indicates that even though the frequency of teleworking has
declined since the peak of the pandemic, federal employees
continue to telework and work remotely at a higher rate than
before the pandemic. OPM reported that during fiscal year 2022,
46% of federal employees participated in some form routine or
situational telework compared to 22% in fiscal year 2019.\16\ A
report issued by OMB found that, as of May 2024, telework-
eligible federal employees spent an average of 61.2% of their
regular work hours working in-person, or an average of 79.4% of
the working hours of all federal employees, including both
telework-eligible and non-telework-eligible positions.\17\
These findings indicate a meaningful decrease in the number of
work hours spent in telework status during the height of the
pandemic.\18\ The private sector has experienced a similar
trend of telework rates somewhat receding since the more
dramatic increase at the onset COVID-19 pandemic. In April
2024, the Congressional Budget Office estimated that in 2022
25% of private sector employees teleworked, slightly more than
the telework rate of 22% among federal workers.\19\ In October
2023, Gallup found that 50% of U.S. employees surveyed worked
in a hybrid environment that included an in-office presence and
some degree of telework.\20\
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\16\Office of Personnel Management, supra note 8, at 16.
\17\Office of Management and Budget, OMB Report to Congress on
Telework and Real Property Utilization (Aug. 2024) (www.whitehouse.gov/
wp-content/uploads/2024/08/OMB-Report-to-Congress-on-Telework-and-Real-
Property.pdf).
\18\This number can be compared to GAO findings that over half of
agencies exceeded 80% of work hours spent in telework status at some
point during 2020. See Government Accountability Office, supra note 13.
\19\Congressional Budget Office, Comparing the Compensation of
Federal and Private-Sector Employees in 2022 (Apr. 2024) (www.cbo.gov/
publication/60235).
\20\Sangeeta Agrawal, The Future of the Office Has Arrived: It's
Hybrid, Gallup (October 9, 2023).
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In terms of remote work, OMB found that 10% of the federal
workforce in May 2024 held remote positions in which employees
do not report regularly to an agency worksite.\21\ In an annual
survey of federal employees conducted in May through July of
2023, 14% of respondents said they telework every day. These
numbers can be compared to an annual survey conducted with
federal employees in the fall of 2020, in which 47% of
respondents said they teleworked every day and 59% said they
teleworked every day at the peak of the pandemic. During the
2019 survey, only 2% of federal employees said they teleworked
full time.\22\ Nearly all federal agencies reported to GAO that
as of February 2022, they were considering developing or
expanding remote work policies as a result of their experiences
with telework during the pandemic.\23\
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\21\Office of Management and Budget, supra note 17.
\22\Office of Personnel Management, 2019 Federal Employee Viewpoint
Survey Governmentwide Management Report (Nov. 7, 2019) (www.opm.gov/
fevs/reports/governmentwide-reports/governmentwide-reports/
governmentwide-management-report/2019/2019-governmentwide-management-
report.pdf) at 33.
\23\Government Accountability Office, supra note 13, at 27.
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Data suggests that both telework and remote work will
continue to play a significant role in personnel strategies
across both the public and private sectors, often in the form
of hybrid work environment for many private employers.
According to a survey administered by the Federal Reserve Bank
of Atlanta, University of Chicago, and Stanford University,
U.S. private sector firms are expecting an increase in hybrid
and remote work over the next few years. Of the 595 firms
surveyed, they estimated that almost 28% of their workforces
would be in a hybrid or remote work environment by 2028 up
slightly from 24% in 2023.\24\ Recent research has also found
that a hybrid work schedule can result in benefits to private
sector firms and employees. A study evaluating 1,600 employees
at a private sector company found that a hybrid work
environment improved job satisfaction and reduced quit rates by
one-third while working from home two days a week also did not
affect job performance.\25\ Another study from 2023 found that
workers save on average 72 minutes a day when working from home
and that much of that time flows back to employers, as workers
allocate 40 percent of their daily time savings to their
jobs.\26\
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\24\Survey of Business Uncertainty, Monthly Report: August 2023
Based on Survey Responses from 14-25 August (Aug. 2023)
(www.atlantafed.org/-/media/documents/datafiles/research/surveys/
business-uncertainty/chart-pack/2023/2023-08.pdf) at 7.
\25\Nicholas Bloom, et al., Hybrid working from home improves
retention without damaging performance, Nature (June 12, 2024).
\26\Cevat Giray Aksoy, et al., Time Savings When Working from Home,
AEA Papers and Proceedings (May 2023).
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Federal agencies are also contemplating the role of
telework and remote work in the context of longer term
strategic workforce planning, including for the purpose of
considering how emerging technologies will affect job
responsibilities and operations. In March 2023, OPM circulated
a memorandum to the heads of agencies regrading OPM''s vision
and priority areas for the future of the federal workforce.\27\
The document states: ``We envision a Federal government with a
workforce of the future that is inclusive, agile, and engaged,
with the right skills to enable mission delivery.'' The
memorandum discusses priority areas for achieving this vision
that include developing resources to support agencies with
operations involving hybrid work environments and researching
lessons learned from the pandemic on subjects such as remote
work, workforce flexibility, and organizational health.\28\
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\27\Office of Personnel Management, Advancing Future of the
Workforce Policies and Practices to Support Mission Delivery (Mar. 7,
2023) (www.whitehouse.gov/wp-content/uploads/2023/04/M-23-15.pdf).
\28\Id. at 2.
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Remote work arrangements for federal positions also play a
unique role in supporting employment for military spouses and
other categories of workers subject to frequent relocations or
who must find employment opportunities highly rural areas. For
example, remote work opportunities can help military spouses
avoid some of the negative impacts that military-related
barriers to employment, such as permanent changes of stations,
have on their ability to find and stay at a job aligned with
their qualifications. The 2023 Military Family Lifestyle Survey
conducted by the organization Blue Star Families found that 24%
active-duty spouses who relocated within the past year worked
remotely full-time, compared to just 14% of spouses who
relocated between one and four years ago. This increase in job
portability has led to positive employment gains for recently
relocated military families.\29\
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\29\Blue Star Families, Military Family Lifestyle Survey: 2023
Comprehensive Report.
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In response to an evolving posture related to telework and
returning to in-person operations following the pandemic, OPM
released updated guidance on telework and remote work in
2021.\30\ OPM had not previously updated its telework guidance
since publishing initial guidance in 2011, one year after the
passage of the Telework Enhancement Act of 2010.\31\ The 2021
guidance encourages agencies to consider leveraging workplace
flexibilities such as telework and remote work as tools to help
attract, recruit, and retain federal workforce employees.\32\
The guidance also provides a standardized definition for remote
work across the federal government as ``an alternative work
arrangement that involves an employee performing their official
duties at an approved alternative worksite away from an agency
worksite, without regularly returning to the agency worksite
during each pay period.''\33\ As the guidance notes, the
potential benefits of agencies using remote work arrangements
include: (1) recruiting and retaining talented employees who
must live outside of an agency's geographic location, such as
military spouses; (2) reducing costs to agencies operations
related to locality pay, transit subsidies, and facility
expenses; and (3) improving employee productivity and
engagement. OPM also describes potential challenges to remote
work arrangements related to performance management,
communication with supervisors, sustaining quality customer
service, and loss of social interaction among employees who
regularly report to agency worksites.\34\ Following this
guidance, OPM took further steps to improve data collection on
remote work arrangements. In March 2023, OPM circulated a memo
to the heads of agencies with the added new categories of data
collection from agencies to capture employee participation in
remote work arrangements as a distinct category from other
telework arrangements.\35\
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\30\Office of Personnel Management, 2021 Guide to Telework and
Remote Work in the Federal Government: Leveraging Telework and Remote
Work in the Federal Government to Better Meet Our Human Capital Needs
and Improve Mission Delivery (Nov. 12, 2021) (www.opm.gov/telework/
documents-for-telework/2021-guide-to-telework-and-remote-work.pdf).
\31\Office of Personnel Management, supra note 4, at 1.
\32\Office of Personnel Management, supra note 30, at 1.
\33\Office of Personnel Management, supra note 30, at 52.
\34\Office of Personnel Management, supra note 30, at 53-54.
\35\Office of Personnel Management, Remote/Telework Enhancements to
Enterprise Human Resources Integration Data Files (Mar. 7, 2023).
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OMB has issued additional guidance and directives to
federal agencies related to the use of telework and remote work
and to better capture lessons learned during the COVID-19
pandemic. In June 2021, OMB published guidance for agencies to
develop plans and policies for an increased return of federal
employees to physical workplaces. The guidance directed
agencies to base their return-to-office decisions on how they
can most effectively achieve their respective missions. It also
suggested agencies may choose to leverage tools like telework
and remote work to attract, retain, and engage the talent
necessary to advance agency missions.\36\ On the subject of
remote work specifically, the guidance acknowledged that
agencies may determine remote work is appropriate for certain
types of positions and agency activities. OMB recommended
agencies develop guidelines for supervisors and clear
associated measures of success for employee use of remote
work.\37\ In addition, OMB issued a directive to federal
agencies in April 2023 to update their work environment plans,
including their current and anticipated future policies for
telework, as well as establish processes for monitoring and
assessing organizational health and performance on an ongoing
basis.\38\ As agencies continue to assess their telework and
remote work policies in the wake of the maximum telework
posture necessitated by the COVID-19 pandemic, better data,
training, and the use of standardized terminology will assist
agencies in properly leveraging these tools to support agency
missions and improve the ability of Congress to conduct
oversight on agency work arrangements.
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\36\Office of Management and Budget, M-21-25: Integrating Planning
for A Safe Increased Return of Federal Employees and Contractors to
Physical Workplaces with Post-Reentry Personnel Policies and Work
Environment (June 10, 2021) (www.whitehouse.gov/wp-content/uploads/
2021/06/M-21-25.pdf) at 7.
\37\Id. at 9.
\38\Office of Management and Budget, M-23-15: Measuring,
Monitoring, and Improving Organizational Health and Organization
Performance in the Context of Evolving Agency Work Environments (Sep.
22, 2023) (www.whitehouse.gov/wp-content/uploads/2023/04/M-23-15.pdf).
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Although OPM and OMB issued guidance to help agencies make
decisions and update their guidance related to telework and
remote work, a standardized definition of remote work does not
currently exist in statute. The Telework Reform Act of 2024
would establish this standardized definition by adding
statutory definitions of ``agency-designated worksite,''
``approved alternative worksite,'' ``remote work,'' and
``telework.'' The bill also establishes additional
accountability mechanisms, such as by clarifying restrictions
on an employee's use of telework if the employee has been
disciplined, the employee's performance falls below a certain
level, or other circumstances. The bill requires that employees
eligible to telework and managers of teleworkers receive annual
training to ensure they understand remote work and telework
reporting and eligibility requirements. It also requires that
agencies establish a system to confirm employees are completing
their duties and responsibilities while at approved worksites
and that agencies have guidelines to ensure agency information
and information technology have the appropriate level of
security protections for employees while teleworking. The bill
improves the transparency and data to OPM and Congress on
remote work and telework by modernizing existing reporting or
requiring additional reporting to reflect current trends.
The bill also strengthens the connection between certain
noncompetitive appointment authorities and positions eligible
for remote work in order to support federal employment
opportunities for military spouses and qualified veterans.
Qualified veterans, including those with a service-connected
disability or who are recently separated from active duty, and
military spouses face challenges to consistent employment and
have historically had higher rates of unemployment and
underemployment.\39\ Military spouses, for example, face
employment challenges due to frequent and unpredictable change
of station moves and assignments to remote or economically
depressed locations.\40\ Remote work positions can help reduce
barriers for employment for these populations by creating a
reliable job opportunity regardless of location or need to
relocate. The bill also establishes a seven-year pilot program
to allow agencies to noncompetitively appoint the spouses of
federal law enforcement officers into remote work positions.
The spouses of federal law enforcement officers may face
similar employment challenges as military spouses, especially
in situations where the law enforcement officer is assigned to
a rural location, such as areas near the U.S. border. The bill
requires reporting on the pilot program to evaluate the extent
to which federal agencies use the authority to hire spouses of
federal law enforcement officers.
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\39\Congressional Research Service, Veterans' Employment (IF10490)
(July 20, 2021) and Military Spouse Employment (R46498) (Aug. 27,
2020).
\40\Id. at 3.
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III. Legislative History
Senator James Lankford (R-OK) introduced S. 3015, the
Telework Reform Act, on October 4, 2023, with original
cosponsor Senator Kyrsten Sinema (I-AZ). The bill was referred
to the Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 3015 at a business meeting on
May 15, 2024. At the business meeting, Senator Lankford offered
a modified substitute amendment to the bill. The substitute
amendment made significant changes to the introduced version of
the bill, such as adjustments to the definition of remote work
as a subcategory of telework, the review processes of telework
agreements, the subjects involved with numerous reporting
requirements, and the categories of workers eligible for
noncompetitive appointments to remote positions. The
modification to the Lankford amendment struck language in the
amendment that would require the Director of OPM to report, in
coordination with the Director of OMB, a report on locality
comparability in remote work. The modification also made
additions to the subject matter within the GAO study in the
bill, further refined the definition of ``law enforcement
officer'', and established a pilot program for the
noncompetitive hiring authority that applies to spouses of law
enforcement officers. The Committee adopted the modification to
the Lankford amendment by unanimous consent, with Senators
Peters, Carper, Hassan, Rosen, Blumenthal, Paul, Lankford,
Romney, Scott, Hawley, and Marshall present. The Committee
adopted the substitute amendment, as modified, by unanimous
content with Senators Peters, Carper, Hassan, Rosen,
Blumenthal, Paul, Lankford, Romney, Scott, Hawley, and Marshall
present. The bill was ordered reported favorably by a roll call
vote of 9 yeas to 2 nays, with Senators Peters, Carper, Hassan,
Rosen, Blumenthal, Lankford, Scott, Hawley, and Marshall voting
in the affirmative and Senators Paul and Romney voting in the
negative. Senators Sinema, Ossoff, Butler, and Johnson voted
yea by proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Telework Reform Act of 2024.''
Section 2. Telework and remote work
Subsection (a) adds language to section 6501 of title 5,
United States Code, to define ``agency-designated worksite,''
``approved alternative worksite,'' ``remote work,'' and
``telework'' for the purposes of chapter 65 of title 5.
Subsection (b) amends section 6502 of title 5, United
States Code, which relates to agency telework requirements. The
subsection adds requirements related to written telework
agreements between agency managers and the teleworking
employees. The additions specify that supervisors must review
the written agreements on at least an annual basis and
incorporate into the review an analysis of agency needs, the
employee's performance, and whether certain aspects of the
telework arrangement need to be changed. If the additional
requirements for written agreements conflict with other
agreements between labor and management, the requirements will
not take effect until, at maximum, two years after the date of
the bill's enactment.
Subsection (b) also requires agency telework policies to
address the extent telework may be restricted if the employee
is disciplined for being absent without permission, if the
employee's performance falls below acceptable levels, or for
other conduct violations by the employee. This subsection also
adds language to the end of section 6502 regarding limitations
for remote work arrangements, including that employees working
remotely may be required to report to their agency-designed
worksite on a periodic basis and employees may not be
compensated for commuting if their approved alternative
worksite is outside of a 75 mile range from the agency-designed
worksite.
Subsection (c) amends section 6503 of title 5, United
States Code, which relates to training for and monitoring of
agency telework programs. The subsection adds a requirement
that agencies include training for employees, managers, and
supervisors on accurately reporting remote work and telework
usage. This subsection also adds language at the end of section
6503 requiring agencies to establish a system to confirm
employees are performing their duties solely at approved
worksites.
Subsection (d) amends section 6504 of title 5, United
States Code, which relates to guidance for agency telework
policies. The subsection adds language to require the Director
of OMB, in coordination with the Department of Homeland
Security (DHS) and the National Institute of Standards and
Technology (NIST), to issue updated guidelines to agencies for
ensuring the adequacy of information technology and security
protections for systems used while teleworking. This subsection
also adds language to require that OMB coordinates with DHS and
NIST to annually review those guidelines and update as
necessary.
Subsection (e) amends section 6505 of title 5, United
States Code, which relates to Telework Managing Officers at
agencies. The subsection adds a requirement that the Telework
Managing Officer of each agency issue a biennial remote work
and telework survey to employees, submit the results to the
agency leadership including the CHCO, and maintain a webpage
devoted to remote work and telework information for employees.
Subsection (f) amends section 6506 of title 5, United
States Code, which relates to annual reporting requirements on
agency telework policies. The subsection would adjust existing
reporting by OPM to Congress to include the number of employees
who are working remotely compared to other telework
arrangements and require more granular reporting on the
frequency employees are teleworking each pay period, among
other minor changes to qualitative reporting, such as assessing
the impact of telework and remote work on cost savings and
employee well-being.
Subsection (g) adds a new section 6507 to chapter 65 of
title 5, United States Code, which requires the Director of OPM
to issue regulations to carry out agency telework programs and
requirements as authorized by chapter 65. The regulations must
address procedures for agencies evaluate and designate
positions as eligible for telework or remote work. They must
also address procedures specific to remote work, such as
designating alternative worksites and providing a transition
period for remote work employees who can no longer work
remotely.
Subsection (h) adds several reports, including: (1) a
report within 180 days of the bill's enactment from agency
CHCOs to OPM and Congress on how executive agencies update and
evaluate their telework and remote work programs; (2) a report
within one year of the bill's enactment from executive agencies
to Congress on various assessments of the impact on telework
and remote work programs on agency operations and personnel,
conducted in coordination the Directors of OPM and OMB, the
Administrator of the General Service Administration (GSA), and
agency CHCOs, Chief Financial Officers, and Chief Information
Officers; (3) a monthly report over five years from the
Director of OMB to Congress on in-person attendance of federal
employees at executive agencies, conducted in consultation with
the Administrator of GSA and Director of OPM; and (4) a report
within 90 days of the bill's enactment from GAO to Congress on
average processing times for agency constituent services
currently compared to 2019.
Subsection (i) requires the Director of OPM to amend
section 531.605 of title 5, Code of Federal Regulations to
clarify how remote work arrangements relate to an employee's
official worksite determination.
Section 3. Noncompetitive appointment to remote work positions
Subsection (a) defines the terms ``Director,'' ``Executive
agency,'' ``law enforcement officer,'' ``qualified covered
veteran,'' ``remote work,'' and ``remote work position'' for
the purposes on this section.
Subsection (b) authorizes executive agencies to
noncompetitively appoint qualified covered veterans and
military spouses into remote work positions.
Subsection (c) establishes a law enforcement spouse pilot
program for seven years after the bill's enactment, which
allows executive agencies to noncompetitively appoint into
remote work positions the spouses of law enforcement officers.
It also requires the Director of OPM to report annually
starting no later than four years after bill's enactment on the
number of individuals appointed using this authority along with
their pay, grade level, location and how long they were in
federal service.
Subsection (d) requires the Director of OPM to issue
regulations or amend regulations, to the extent necessary, to
carry out this section, no later than 180 days after the bill's
enactment.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the Senate
Committee on Homeland Security and Governmental Affairs during
the 118th Congress. The legislation listed in this table
generally would have small effects, if any, on direct spending
or revenues, CBO estimates. Where possible, the table also
provides information about the legislation's estimated effects
on spending subject to appropriation and on intergovernmental
and private-sector mandates as defined in the Unfunded Mandates
Reform Act.
ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Spending
Last Budget Direct Revenues, subject to Pay-As-You-Go Budgetary
Bill number Title Status action function spending, 2025-2034 appropriation, procedures effects Mandates Contact
2025-2034 2025-2029 apply? after 2034
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3015...................... Telework Reform Ordered reported 05/15/24 800 Between zero 0 Not Estimated... Yes No No Kelly Durand
Act of 2024. and $500,000
S. 3015 would change several governmentwide policies for remote work and would require all executive branch agencies, the Office of Management and Budget, and
the Government Accountability Office to report to the Congress on the proportion of agencies' work that is done remotely and on the benefits and drawbacks of
remote work. The bill also would allow veterans, military spouses, and spouses of law enforcement officers to be noncompetitively appointed to remote-work
positions. Enacting S. 3015 could affect direct spending by some agencies that are allowed to use fees, receipts from the sale of goods, and other collections
to cover operating costs. CBO estimates that any net changes in direct spending by those agencies would be negligible because most of them can adjust amounts
collected to reflect changes in operating costs. CBO estimates that enacting S. 3015 would have no effect on revenues. CBO has not estimated the bill's effects
on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
Title 5--Government Organization and
Employees
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart E--Attendance and Leave
* * * * * * *
CHAPTER 65--TELEWORK
Chapter 65--Telework
Sec.
6501.* * *
* * * * * * *
6506. Reports.
6507. Regulations.
* * * * * * *
SEC. 6501. DEFINITIONS.
In this chapter:
(1) Agency-designated worksite.--The term ``agency-
designated worksite'' means a locations, established by
the head of the 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.
[(1)](3) Employee.--The term ``employee'' has the
meaning given that term under section 2105.
[(2)](4) Executive agency. --Except as provided in
section 6506, the term ``executive agency'' has the
meaning given that term under section 105.
[(3) Telework.--The term ``telework'' or
``teleworking'' refers to a work flexibility
arrangement under which an employee performs the duties
and responsibilities of the position of the employee,
and other authorized activities, from an approved
worksite other than the location from which the
employee would otherwise work.]
(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 fulltime basis from an approved alternative worksite
other than the agency-designated worksite with respect
to the employee.
SEC. 6502. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.
(a) * * *
(b) [Participation]Requirements.--The policy described
under subsection (a) shall--
(1) * * *
(2) require a written agreement that--
(A) is entered into between an agency manager
and an employee authorized to telework, that
outlines the specific work arrangement that is
agreed to; [and]
(B) * * *
(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;
(4) * * *
(5) be incorporated as part of the continuity of
operations plans of the agency in the event of an
emergency; [and]
(6) enumerate the circumstances under which employees
may be permitted to temporarily perform work
requirements and duties from approved overseas
locations, provided that, except in emergency
situations as determined by the head of the agency,
such circumstances shall not include a situation in
which an employee's official duties require on at least
a monthly basis the direct handling of secure materials
determined to be inappropriate for telework by the
agency head[.]; and
(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.
(c) * * *
(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.
SEC. 6503. TRAINING AND MONITORING.
(a) In General.--The head of each executive agency shall
ensure that--
(1) an interactive telework training program is
provided to--
(A) employees eligible to participate in the
telework program of the agency, which shall
include training on accurate reporting of
remote work and telework usage; and
[(B) all managers of teleworkers;](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;
(3) teleworkers and nonteleworkers are treated the
same for purposes of--
(A) * * *
* * * * * * *
(D) other acts involving managerial
discretion; [and]
(4) when determining what constitutes diminished
employee performance, the agency shall consult the
performance management guidelines of the Office of
Personnel Management[.]; and
(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.
SEC. 6504. POLICY AND SUPPORT.
(a) * * *
(b) Guidance and Consultation.--The Office of Personnel
Management shall--
(1) provide policy and policy guidance for telework
in the areas of pay and leave, agency closure,
[performance management,] official worksite,
recruitment and retention, and accommodations for
employees with disabilities;
(2) assist each agency in establishing appropriate
qualitative and quantitative remote work and telework
performance management measures and teleworking goals;
and
(c) Security Guidelines.--
(1) In general.--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 issue
[guidelines not later than 180 days after the date of
the enactment of this chapter to ensure the adequacy of
information and security protections for information
and information systems used while
teleworking.]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.
(2) * * *
(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).
SEC. 6505. DUTIES OF TELEWORK MANAGING OFFICER.
(a) * * *
(b) Duties.--The Telework Managing Officer shall--
(1) * * *
(2) serve as--
(A) * * *
(B) * * *
(C) a primary agency point of contact for the
Office of Personnel Management on telework
matters; [and]
(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
[(3)](5) perform other duties as the applicable
delegating authority may assign.
SEC. 6506. REPORTS.
(a) * * *
(b) In Reports by the Office of Personnel Management.--
(1) Submission of reports.--Not later than 18 months
after the date of enactment of this chapter and on an
annual basis thereafter, the Director of the Office of
Personnel Management, in consultation with the Chief
Human Capital Officers Council, shall--
(A) submit a report addressing the telework
programs of each executive agency to--
(i) * * *
(ii) the Committee on Oversight and
[Government Reform]Accountability of
the House of Representatives; and
(2) Contents.--Each report submitted under this
subsection shall include--
(A) the degree of participation by employees
of each executive agency in teleworking during
the period covered by the report (and for each
executive agency whose head is referred to
under section 5312, the degree of participation
in each bureau, division, or other major
administrative unit of that agency),
including--
(i) * * *
[(iii) the number and percent of
eligible employees in the agency who
are teleworking
[(I) 3 or more days per pay
period;
[(II) 1 or 2 days per pay
period;
[(III) once per month; and
[(IV) on an occasional,
episodic, or short-term basis;]
(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;
(B) * * *
* * * * * * *
(F) an assessment of the progress each agency
has made in meeting agency participation rate
goals during the reporting period, and other
agency goals relating to telework, such as the
impact of telework on--
(i) * * *
* * * * * * *
(v) productivity and cost savings;
and
(vi) employee well-being and
attitudes and opinions regarding
telework; and
(c) Comptroller General Reports.--
(1) Report on government accountability office
telework program.--
(A) In general.--Not later than 18 months
after the date of enactment of this chapter and
on an annual basis thereafter, the Comptroller
General shall submit a report addressing the
telework program of the Government
Accountability Office to--
(i) * * *
(ii) the Committee on Oversight and
[Government Reform]Accountability of
the House of Representatives.
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).
* * * * * * *
[all]