,,ii  #aaith ,,congress  #ast ,session  
,s4 #hb  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #ac1        
#bjbe,mr4 ,lankford introduced the      
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to amend title #e1 ,united  
,states ,code1 to address telework for  
,federal employees1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the 8,telework ,reform  
,act of #bjbe04  #b4 ,telework and      
remote work  7a7 ,amendments to         
definitions ,section #feja of title #e1 
,united ,states ,code1 is amended-- 7#a7
 by striking paragraph 7#c72  7#b7 by   
redesignating paragraphs 7#a7 and 7#b7  
as paragraphs 7#c7 and 7#d71            
respectively2  7#c7 by inserting before 
paragraph 7#c71 as so redesignated1 the 
following3  7#a7 ,agency-designated     
worksite ,the term agency-designated    
worksite means a location1 established  
by the head of an executive agency 7or  

the designee of such an official71 from 
which an employee of the executive      
agency would otherwise work when not    
teleworking4  7#b7 ,approved alternative
 worksite ,the term approved alternative
 worksite means a worksite1 approved by 
the head of an executive agency 7or the 
designee of such an official71 where an 
employee of the executive agency1       
through telework1 performs the duties   
and responsibilities of the position of 
the employee1 and other authorized      
activities1 on a routine1 situational1  
or full-time basis4  2 and  7#d7 by     
adding at the end the following3  7#e7  
,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 employee1 and   
other authorized activities1 on a       
full-time basis from an approved        
alternative worksite other than the     
agency-designated worksite with respect 
to the employee4  7#f7 ,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 
employee1 and other authorized          
activities1 on a routine1 situational1  
or full-time basis from an approved     
alternative worksite other than the     
agency-designated worksite with respect 
to the employee4  4  7b7 ,executive     
agencies telework requirement  7#a7 ,in 
general ,section #fejb of title #e1     
,united ,states ,code1 is amended-- 7,a7
 in subsection 7b7-- 7i7 in the         
subsection heading1 by striking         
participation and inserting             
requirements2  7ii7 in paragraph 7#b7-- 
7,i7 in subparagraph 7,a71 by striking  
and at the end2 and  7,,ii7 by adding at
 the end the following3  7,c7 is for a  
period of not longer than #a year2 and  
7,d7 the supervisor of the applicable   
employee1 in consultation with the      
,telework ,managing ,officer of the     
agency1 shall review not less frequently

 than annually based on the needs of the
 agency1 which shall include an analysis
 of-- 7i7 whether agency telework       
policies and procedures1 the duties of  
the employee1 or the approved           
alternative worksite or                 
agency-designated worksite of the       
employee need to be changed2  7ii7 the  
performance of the employee1 as         
determined under the performance        
appraisal system of the agency developed
 under section #dcjb 7or under a similar
 legal authority for an executive agency
 or employee to which section #dcjb does
 not apply72 and  7iii7 the needs of the
 agency1 as determined by the head of   
the agency2  2  7iii7 in paragraph 7#e71
 by striking and at the end2  7iv7 in   
paragraph 7#f71 by striking the period  
at the end and inserting 2 and2 and  7v7
 by adding at the end the following3    
7#g7 address the extent to which        
telework may be restricted for an       
employee if-- 7,a7 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  
7#b72  7,b7 the performance of the      
employee falls below acceptable levels1 
as determined under the performance     
appraisal system of the agency developed
 under section #dcjb 7or under a similar
 legal authority for an executive agency
 or employee to which section #dcjb does
 not apply72 or  7,c7 the conduct of the
 employee violates other terms or       
conditions of the policy4  2 and  7,b7  
by adding at the end the following3  7d7
 ,limitations on remote work ,the       
following shall apply with respect to an
 employee working remotely3 7#a7 ,the   
employee may be expected to report to   
the agency-designated worksite of the   
employee on a periodic basis4  7#b7     
,notwithstanding any other provision of 
law or regulation1 if the employee is   
working remotely from an approved       
alternative worksite that is located    
within a radius of not more than #ge    

miles from the agency-designated        
worksite of the employee1 the employee  
may not be compensated or reimbursed for
 any travel to or from that             
agency-designated worksite unless that  
travel is-- 7,a7 required during the    
workday2 and  7,b7 approved by the head 
of the applicable executive agency 7or  
the designee of such an official71 in   
the sole and exclusive discretion of    
that official4  4  7#b7 ,applicability  
,with respect to subparagraph 7,c7 of   
section #fejb7;b77#b7 of title #e1      
,united ,states ,code1 as added by      
paragraph 7#a7 of this subsection-- 7,a7
 such subparagraph 7,c7 shall not be    
enforced to the extent that such        
subparagraph conflicts with any         
applicable agreement described in       
section #gajc7;a77#h7 of such title #e1 
if the agreement was in effect before   
,october #a1 #bjbd2 and  7,b7 to the    
extent that an agreement described in   
subparagraph 7,a7 of this paragraph     
conflicts with the requirements of such 

subparagraph 7,c71 such subparagraph    
7,c7 shall become enforceable beginning 
on the earlier of-- 7i7 the date on     
which the agreement expires or becomes  
subject to renegotiation2 or  7ii7 the  
date that is #b years after the date of 
enactment of this ,act4  7c7 ,training  
and monitoring ,section #fejc7;a7 of    
title #e1 ,united ,states ,code1 is     
amended-- 7#a7 in paragraph 7#a7-- 7,a7 
in subparagraph 7,a7-- 7i7 by inserting 
1 which shall include training on       
accurate reporting of remote work and   
telework usage after agency2 and  7ii7  
by striking subparagraph 7,b7 and       
inserting the following3  7,b7 all      
managers and supervisors of teleworkers 
and remote workers1 which shall-- 7i7 be
 provided on an annual basis2 and  7ii7 
include training on accurate reporting  
of employee remote work and telework    
eligibility and participation in agency 
time and attendance systems2  2  7#b7 in
 paragraph 7#c77;,d71 by striking and at
 the end2  7#c7 in paragraph 7#d71 by   

striking the period at the end and      
inserting 2 and2 and  7#d7 by adding at 
the end the following3  7#e7 the        
executive agency has established a      
system to confirm that employees of the 
executive agency are performing the     
duties1 responsibilities1 and authorized
 activities of the positions of those   
employees solely at approved worksites  
under guidelines of the ,office of      
,personnel ,management1 developed in    
consultation with the ,director of the  
,office of ,management and ,budget4  4  
7d7 ,policy and support ,section #fejd  
of title #e1 ,united ,states ,code1 is  
amended-- 7#a7 in subsection 7b7-- 7,a7 
in paragraph 7#a71 by striking          
performance management12 and  7,b7 in   
paragraph 7#b71 by inserting remote work
 and telework performance management    
before measures2 and  7#b7 in subsection
 7c7-- 7,a7 in paragraph 7#a71 by       
striking guidelines not later than and  
all that follows through the period at  
the end and inserting the following3    

8guidelines--  7,a7 not later than #ahj 
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 teleworking2 and  7,b7 not   
later than #ahj days after the date of  
enactment of the ,telework ,reform ,act 
of #bjbe to ensure the adequacy of      
information and security protections for
 information and information systems    
used while teleworking4  2 and  7,b7 by 
adding at the end the following3  7#c7  
,review ,the ,director of the ,office of
 ,management and ,budget1 in            
coordination with the ,department of    
,homeland ,security and the ,national   
,institute of ,standards and            
,technology1 shall-- 7,a7 perform an    
annual review of the guidelines issued  
under this subsection2 and  7,b7 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 7,a74  4  7e7 ,duties of   
,telework ,managing ,officer ,section   
#feje7;b7 of title #e1 ,united ,states  
,code1 is amended-- 7#a7 in paragraph   
7#b77;,c71 by striking and at the end2  
7#b7 by redesignating paragraph 7#c7 as 
paragraph 7#e72 and  7#c7 by inserting  
after paragraph 7#b77;,c71 as amended by
 paragraph 7#a7 of this subsection1 the 
following3  7#c7 issue to employees of  
the applicable executive agency a       
biennial remote work and telework       
survey-- 7,a7 which shall be designed to
 evaluate1 at a minimum1 the            
effectiveness of-- 7i7 performance      
management with respect to executive    
agency employees who participate in the 
telework program of the executive       
agency1 as compared to the effectiveness
 of performance management for other    
employees2  7ii7 strategies for engaging
 with executive agency employees while  
those employees participate in the      
telework program of the executive       
agency2 and  7iii7 remote work and      

telework training for executive agency  
managers and employees2 and  7,b7 the   
results of which the ,telework ,managing
 ,officer shall submit to the leadership
 of the executive agency1 including the 
,chief ,human ,capital ,officer of the  
executive agency2  7#d7 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 policies1 contact          
information for remote work and telework
 coordinators1 and remote work and      
telework training resources2 and  4  7f7
 ,,opm reports ,section #fejf7;b77#b7 of
 title #e1 ,united ,states ,code1 is    
amended-- 7#a7 in subparagraph 7,a71 by 
striking clause 7iii7 and inserting the 
following3  7iii7 the number and percent
 of eligible employees in the agency who
 are remotely working or teleworking--  
7,i7 full-time1 such that those         
employees are not required to report to 

the agency-designated worksites of those
 employees on a regular and recurring   
basis2  7,,ii7 #g or more days per pay  
period2  7,,iii7 #e or #f days per pay  
period2  7,,iv7 #c or #d days per pay   
period2  7,v7 #a or #b days per pay     
period2 and  7,,vi7 on a situational1   
episodic1 or short-term basis2  2 and   
7#b7 in subparagraph 7,f7-- 7,a7 in     
clause 7v71 by inserting and cost       
savings after productivity2 and  7,b7 in
 clause 7vi71 by inserting well-being   
and after employee4  7g7 ,regulations   
7#a7 ,in general ,chapter #fe of title  
#e1 ,united ,states ,code1 is amended by
 adding at the end the following3       
#fejg4 ,regulations  7a7 ,in general    
,the ,director of the ,office of        
,personnel ,management shall prescribe  
regulations to carry out this chapter4  
7b7 ,contents ,the regulations          
prescribed under subsection 7a7 shall   
include appropriate procedures for--    
7#a7 establishing the process through   
which an executive agency shall evaluate

 a position for eligibility and approval
 for telework 7including remote work7   
under this chapter1 which shall require 
an executive agency to-- 7,a7 consider  
the duties of the position2  7,b7       
establish a process through which the   
executive agency shall determine the    
agency-designated worksite and approved 
alternative worksite for the position2  
and  7,c7 consider the potential costs  
and savings associated with approving a 
position as eligible for telework or    
remote work2  7#b7 processing a change  
in the eligibility for an employee      
working remotely from an approved       
alternative worksite within a radius of 
more than #ge miles from the            
agency-designated worksite of the       
employee2  7#c7 establishing which      
officials within an executive agency may
 designate a position within the        
executive agency as eligible for remote 
work2  7#d7 if necessary1 defining a    
limited geographical boundary within    
which the approved alternative worksite 

of an employee must be located1 which   
shall be based on-- 7,a7 the need of the
 executive agency1 as determined by the 
head of the executive agency2 or  7,b7  
the requirements of the applicable      
position2  7#e7 for an employee working 
remotely1 processing and approving a    
change of the approved alternative      
worksite of the employee when the       
employee requests such a change2 and    
7#f7 for an employee working remotely1  
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 #fejb7;b77#b7
 for a reason that does not include the 
conduct or performance of the employee1 
entering into a written remote work     
transition agreement1 which shall-- 7,a7
 be for a period of not longer than #a  
year2  7,b7 provide the employee with   
the ability to participate in remote    
work during the period in which the     
transition agreement is in effect2 and  

7,c7 otherwise satisfy the requirements 
of section #fejb7;b77#b74  4  7#b7      
,technical and conforming amendment ,the
 table of sections for chapter #fe of   
title #e1 ,united ,states ,code1 is     
amended by adding at the end the        
following3  #fejg4 ,regulations4  4  7h7
 ,reports  7#a7 ,definitions ,in this   
subsection1 the terms executive agency1 
remote work1 and telework have the      
meanings given those terms in section   
#feja of title #e1 ,united ,states      
,code1 as amended by this section4  7#b7
 ,chief human capital officers ,not     
later than #ahj days after the date of  
enactment of this ,act1 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-- 7,a7 an overview of a process
 to update current 7as of the date on   
which the report is submitted7 telework 
and remote work eligibility requirements
 of the executive agency2  7,b7         

recommendations regarding ways in which 
to update matters relating to telework  
and remote work practices1 including    
practices relating to core business     
hours1 flexible schedules1 performance  
management1 and employee satisfaction2  
7,c7 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           
,management2  7,d7 metrics used by the  
executive agency to evaluate the        
performance of employees of the         
executive agency2 and  7,e7 methods used
 by the executive agency to track and   
evaluate the productivity of employees  
of the executive agency when those      
employees are teleworking4  7#c7        
,executive agencies ,not later than #a  
year after the date of enactment of this
 ,act1 the head of each executive       
agency1 in coordination with the        
,director of the ,office of ,personnel  
,management1 the ,chief ,human ,capital 

,officer of the executive agency1 the   
,chief ,financial ,officer of the       
executive agency1 the ,chief            
,information ,officer of the executive  
agency1 the ,director of the ,office of 
,management and ,budget1 and the        
,administrator of ,general ,services1   
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-- 7,a7 the potential value   
that would result from increasing remote
 work and other telework opportunities  
for employees of particular components  
within the executive agency2  7,b7 the  
potential disadvantages that would      
result from increasing remote work and  
other teleworking opportunities for     
employees of particular components      
within the executive agency1 including  
the effects of remote work on-- 7i7     
newly appointed employees2  7ii7        

collaboration between employees2  7iii7 
the ability of managers to effectively  
supervise other employees2 and  7iv7    
employee productivity2  7,c7 which job  
classifications within the executive    
agency could benefit from being         
performed exclusively through remote    
work2  7,d7 which job classifications   
within the executive agency could suffer
 from being performed primarily or      
exclusively through telework2  7,e7     
which job classifications within the    
executive agency could benefit from     
being performed exclusively through     
in-person work2  7,f7 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 positions1 the       
responsibilities of which are performed 
through remote work2  7,g7 expected cost
 savings as a result of increased remote
 work and telework by employees of the  
executive agency1 taking into           

consideration the fact that the         
executive agency may need to reinvest   
those future cost savings to meet       
increased demands with respect to       
technology2  7,h7 expected cost         
increases as a result of increased      
remote work and telework by employees of
 the executive agency1 taking into      
consideration costs associated with     
changes in cybersecurity and information
 technology infrastructure and the extra
 equipment required for telework2  7,i7 
expected productivity outcomes from the 
increased use of remote work and        
telework2  7,j7 cybersecurity and       
information technology infrastructure   
changes necessitated by the increased   
use of remote work and telework2 and    
7,k7 barriers that prevent the executive
 agency from meeting in-person work     
targets1 if applicable4  7#d7 ,office of
 ,management and ,budget ,not later than
 #cj days after the date of enactment of
 this ,act1 and on the fifth day of each
 month thereafter for #fj months1 the   

,director of the ,office of ,management 
and ,budget1 in consultation with the   
,administrator of ,general ,services and
 the ,director of the ,office of        
,personnel ,management1 shall submit to 
,congress a report regarding1 for the   
period covered by the report1 in-person 
attendance by employees of executive    
agencies4  7#e7 ,comptroller ,general of
 the ,united ,states  7,a7 ,study ,the  
,comptroller ,general of the ,united    
,states shall conduct a study comparing 
the processing times for constituent    
services provided by executive agencies1
 as of the date on which the study is   
completed1 with those average processing
 times during #bjai1 which shall include
 a comparison of the number of          
constituents seeking services and the   
personnel available in each executive   
agency to service constituent requests4 
7,b7 ,report ,not later than #ij days   
after the date of enactment of this     
,act1 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 7,a74  7i7 ,amendments to  
regulations  7#a7 ,definitions ,in this 
subsection1 the terms approved          
alternative worksite and working        
remotely have the meanings given those  
terms in section #feja of title #e1     
,united ,states ,code1 as amended by    
this section4  7#b7 ,requirement ,not   
later than #a year after the date of    
enactment of this ,act1 the ,director of
 the ,office of ,personnel ,management  
shall amend section #eca4fje of title   
#e1 ,code of ,federal ,regulations1 or  
any successor regulation1 to-- 7,a7     
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 #fejb7;b77#b7 of title #e1      
,united ,states ,code1 as amended by    
this section2 and  7,b7 distinguish     
between remotely working employees and  
employees whose work location varies on 
a recurring basis4  #c4 ,noncompetitive 
appointment to remote work positions    
7a7 ,definitions ,in this section3 7#a7 
,director ,the term ,director means the 
,director of the ,office of ,personnel  
,management4  7#b7 ,executive agency    
,the term ,executive agency has the     
meaning given the term in section #aje  
of title #e1 ,united ,states ,code4     
7#c7 ,law enforcement officer ,the term 
law enforcement officer-- 7,a7 has the  
meaning given the term in section #hdja 
of title #e1 ,united ,states ,code2 and 
7,b7 includes-- 7i7 an employee 7as     
defined in section #hdja of title #e1   
,united ,states ,code7-- 7,i7 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 ,states2 and  7,,ii7 who is 
authorized to carry a firearm2  7ii7 an 
employee of the ,department of ,veterans
 ,affairs who is a ,department police   
officer under section #ijb of title #ch1
 ,united ,states ,code2 and  7iii7 an   
employee of ,u4,s4 ,customs and ,border 
,protection-- 7,i7 who is a seized      
property specialist in the ,,gs-#ahja   
job series2 and  7,,ii7 the duties of   
the position of whom include activities 
relating to the efficient and effective 
custody1 management1 and disposition of 
seized and forfeited property4  7#d7    
,qualified covered veteran ,the term    
qualified covered veteran has the       
meaning given the term in section       
#dbab7;a77#c7 of title #ch1 ,united     
,states ,code4  7#e7 ,remote work ,the  
term remote work has the meaning given  
the term in section #feja of title #e1  
,united ,states ,code1 as amended by    
section #b of this ,act4  7#f7 ,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 #fejg of title #e1 ,united
 ,states ,code1 as added by section #b  
of this ,act4  7b7 ,noncompetitive      
appointment ,an ,executive agency may   
noncompetitively appoint1 for other than
 temporary employment1 to a remote work 
position an individual who is a         
qualified covered veteran or who is     
married to a member of the ,armed       
,forces1 if the head of that ,executive 
agency determines that the individual is
 qualified for the position4  7c7 ,law  
enforcement spouse pilot program  7#a7  
,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 #g years
 after the date of enactment of this    
,act falls1 an ,executive agency may    
noncompetitively appoint1 for other than
 temporary employment1 to a remote work 

position an individual who is married to
 a law enforcement officer1 if the head 
of that ,executive agency determines    
that the individual is qualified for the
 position4  7#b7 ,reports ,not later    
than the last day of the fiscal year in 
which the date that is #d years after   
the date of enactment of this ,act      
falls1 and annually thereafter until the
 authority to carry out the pilot       
program under paragraph 7#a7 expires1   
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 program1     
which shall include-- 7,a7 the number1  
pay or grade level1 location1 and       
longevity in ,federal service of each   
individual appointed under that pilot   
program2 and  7,b7 any other information
 that the ,director determines relevant 
to consider the effectiveness of that   

pilot program in recruiting and         
retaining law enforcement officers4  7d7
 ,regulations ,not later than #ahj days 
after the date of enactment of this     
,act1 the ,director shall issue or amend
 regulations1 to the extent necessary1  
to carry out this section4