,,ii #aaith ,,congress #ast ,session ,s4 #ba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #g1 #bjbe,ms4 ,ernst introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require each ,executive department to establish policies and collect information regarding teleworking employees of the ,executive department1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,requiring ,effective ,management and ,oversight of ,teleworking ,employees ,act or the ,,remote ,act4 #b4 ,utilization data and reporting 7a7 ,definitions ,in this section3 7#a7 ,agency office ,the term agency office means any office space-- 7,a7 that is owned or leased by an ,executive department2 and 7,b7 in which not less than #a employee of the ,executive department described in subparagraph 7,a71 or a contract employee with respect to that ,executive department1 regularly performs the duties of that employee or contract employee1 as applicable4 7#b7 ,budget justification materials ,the term budget justification materials has the meaning given the term in section #c7;b77#b77;,a7 of the ,federal ,funding ,accountability and ,transparency ,act of #bjjf 7#ca ,u4,s4,c4 #faja note74 7#c7 ,computer network ,the term computer network means software or a system-- 7,a7 that is operated by or for an ,executive department2 and 7,b7 to which an employee of the ,executive department described in subparagraph 7,a71 or a contract employee with respect to that ,executive department1 is required to be digitally connected in order to work on behalf of that ,executive department1 such as to access the email account1 user account1 or file systems provided by the ,executive department to that employee or contract employee1 as applicable4 7#d7 ,contract employee ,the term contract employee means an individual who-- 7,a7 is not an employee of an ,executive department2 7,b7 is an employee of an entity that has entered into a contract with an ,executive department2 and 7,c7 works pursuant to the contract described in subparagraph 7,b74 7#e7 ,executive department ,the term ,executive department has the meaning given the term in section #aja of title #e1 ,united ,states ,code4 7#f7 ,login ,the term login means the act by which an employee of an ,executive department1 or a contract employee with respect to an ,executive department1 makes a digital connection to a computer network with respect to that ,executive department4 7#g7 ,network traffic ,the term network traffic means the volume and flow of data across and within a computer network4 7#h7 ,teleworking employee ,the term teleworking employee means an employee of an ,executive department1 or a contract employee with respect to an ,executive department1 who is-- 7,a7 working on behalf of the ,executive department and not detailed to a different ,federal entity2 and 7,b7 covered by a telework agreement4 7#i7 ,working remotely ,the term working remotely means1 with respect to a teleworking employee1 that the teleworking employee is performing work duties on a computer while located physically outside of an agency office with respect to the applicable ,executive department 7or1 with respect to a contract employee1 outside of office space owned or leased by the entity that employs the contract employee74 7b7 ,data collection ,the head of each ,executive department shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 establish-- 7,a7 policies requiring the recording of the login activity of1 and the network traffic that is generated by1 each teleworking employee with respect to that ,executive department2 and 7,b7 directives for managers of teleworking employees with respect to that ,executive department to periodically review the network traffic generated by each such teleworking employee while that teleworking employee is working remotely2 and 7#b7 not later than #a year after the date of enactment of this ,act-- 7,a7 begin retaining the data described in paragraph 7#a77;,a71 which shall include1 with respect to each teleworking employee with respect to that ,executive department who is working remotely-- 7i7 the average number of logins made each day by the teleworking employee2 7ii7 the average daily duration of the connection by the teleworking employee to the applicable computer network2 and 7iii7 the network traffic that such teleworking employee generates while working remotely2 and 7,b7 establish a policy that the ,executive department may dispose of data retained under subparagraph 7,a7 not sooner than #c years after the date on which the ,executive department collects the data4 7c7 ,swiped data collection ,beginning on the date that is #ahj days after the date of enactment of this ,act1 the head of each ,executive department1 with respect to each employee of the ,executive department and each contract employee with respect to the ,executive department who regularly performs the job duties of the employee or contract employee1 as applicable1 at the headquarters building of the ,executive department-- 7#a7 shall require that employee or contract employee to use a ,personal ,identity ,verification ,card or ,common ,access ,card1 as applicable1 to make a login2 7#b7 shall collect login data by that employee or contract employee using a ,personal ,identity ,verification ,card or ,common ,access ,card1 as applicable1 which shall include1 with respect to the employee or contract employee-- 7,a7 the average number of logins made each day by the employee or contract employee2 7,b7 the average daily duration of the connection by the employee or contract employee to the applicable computer network2 and 7,c7 the network traffic that such employee or contract employee generates while working from the headquarters building2 7#c7 shall retain data collected under paragraph 7#b72 and 7#d7 may dispose of data retained under paragraph 7#c7 not sooner than #c years after the date on which the ,executive department collects the data4 7d7 ,report ,with respect to the first fiscal year that begins after the date that is #ahj days after the date of enactment of this ,act1 and with respect to each fiscal year thereafter1 the head of each ,executive department shall publish the data collected pursuant to subsections 7b77#b77;,a7 and 7c77#b7 in the budget justification materials of the ,executive department in a format that1 for the applicable fiscal year-- 7#a7 protects personally identifiable information2 7#b7 compares the average login rates of teleworking employees working remotely on each weekday to the total number of teleworking employees approved to be working remotely on each weekday2 and 7#c7 compares the average login rates of teleworking employees working remotely on each weekday to the average login rates of employees working from the headquarters building of the ,executive department4 #c4 ,chief ,human ,capital ,officer reports ,section #fejf7;d7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,each year1 the ,chief ,human ,capital ,officer of each executive agency1 in consultation with the ,telework ,managing ,officer of that agency1 shall submit a report to the ,chair and ,vice ,chair of the ,chief ,human ,capital ,officers ,council on agency management efforts to promote the efficient use of telework1 which shall include a description of the adverse effects of telework policy on the performance of the executive agency1 including any increased incidences of disciplinary actions against employees of the executive agency4 2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,collection and retention of relevant information ,not later than #fj days after the date of enactment of the ,requiring ,effective ,management and ,oversight of ,teleworking ,employees ,act1 the ,chief ,human ,capital ,officer of each executive agency shall establish a policy that requires any manager of an employee of the executive agency who teleworks who revokes the privileges of that employee to telework due to a reason specific to that employee to provide written information to the human capital office of that executive agency 7which shall retain that information for a reasonable amount of time after the employee is no longer employed by the executive agency7 and to the employee regarding the circumstances giving rise to that revocation1 which shall include-- 7,a7 the name1 title1 office1 years of service1 official worksite1 and annual rate of basic pay of the employee2 7,b7 the total number of days that the employee teleworked in the #f work periods immediately preceding the work period in which the revocation occurred1 which shall include an itemized identification of each day on which that employee teleworked during those #f work periods2 7,c7 a brief narrative summary of the circumstances giving rise to the revocation1 with detail sufficient to confirm the propriety of the revocation under the policies of the executive agency2 and 7,d7 any steps the manager took to discipline the employee before carrying out the revocation4 4