Telework Reform Act of 2025
This bill establishes additional terms and conditions for executive agency telework policies. It also authorizes agencies to noncompetitively hire qualified covered veterans, military spouses, and spouses of law enforcement officers for remote telework (i.e., full-time telework from an approved alternative worksite).
The bill provides, among other requirements, that agencies
The bill also authorizes agencies to noncompetitively appoint veterans, military spouses, and spouses of law enforcement officers with appropriate qualifications to remote telework positions. The authority for hiring spouses of law enforcement officers is a seven-year pilot program.
Further, the bill requires the (1) Office of Management and Budget to issue guidelines to protect the security of information and systems used while teleworking, and (2) the Government Accountability Office to conduct a study comparing the processing time for constituent services provided by agencies as of the study's date with the average processing times in 2019.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 82 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 82
To amend title 5, United States Code, to address telework for Federal
employees, and for other purposes.
_______________________________________________________________________
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.
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 ``Telework Reform Act of 2025''.
SEC. 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:
``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).''.
(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.
SEC. 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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