HR 357

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IN THE HOUSE OF REPRESENTATIVES

January 13, 2025

Mr. Nunn of Iowa (for himself and Mr. Newhouse) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To amend title 5, United States Code, to provide limitations on Federal teleworking, 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 title may be cited as the “Back to Work Act”.

SEC. 2. MODIFICATION OF TELEWORK REQUIREMENTS FOR FEDERAL EMPLOYEES.

(a) In General.—Chapter 65 of title 5, United States Code, is amended—

(1) in section 6502—

(A) in subsection (b)(2)—

(i) in subparagraph (A), by striking “and” at the end; and

(ii) by adding at the end the following:

“(C) provides that, subject to subsection (d), an employee may not telework for more than 40 percent of the work days of the employee per pay period;

“(D) shall be reviewed on an annual basis by, and be subject to the annual approval of, the head of the executive agency; and

“(E) provides that the executive agency, by using remote technical means and other appropriate methods, will monitor and evaluate the applicable employee when the employee is engaged in telework;”; and

(B) by adding at the end the following:

“(d) Adjustments to the Permitted Number of Telework Days.—With respect to the limitation under subsection (b)(2)(C), the head of an executive agency may—

“(1) further limit the number of work days per pay period that an employee of the executive agency may telework based on the specific role of the employee or other circumstances determined appropriate by the head of the executive agency, including—

“(A) the frequency with which the employee needs to access classified information;

“(B) whether the employee is newly appointed; and

“(C) whether the employee occupies a managerial position within the executive agency; or

“(2) waive that limitation with respect to an employee of the executive agency if—

“(A) the employee is a spouse of—

“(i) a member of the Armed Forces; or

“(ii) a Federal law enforcement officer;

“(B) the employee occupies a position—

“(i) the duties of which require—

“(I) highly specialized expertise; or

“(II) frequent travel; or

“(ii) for which finding qualified candidates is challenging; or

“(C) inclement weather or other exigent circumstances prevent the employee from reaching the worksite of the employee during a pay period.

“(e) Limitations on Pay.—With respect to any employee who has entered into a written agreement under subsection (b)(2), and notwithstanding any other provision of this title, such employee shall—

“(1) not be eligible for any adjustment to pay under section 5303; and

“(2) receive locality-based comparability payments under section 5304 or 5304a at the percentage for the Rest of United States locality pay area.”; and

(2) in section 6506, by adding at the end the following:

“(e) Executive Agency Reports.—

“(1) In general.—Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the head of each executive agency 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 describes, for the period covered by the report, the following:

“(A) What metrics and methods the executive agency uses to determine the productivity of employees who telework.

“(B) What barriers, if any, prevent the executive agency from enforcing the limitation under section 6502(b)(2)(C) and any initiatives of the executive agency to address those barriers.

“(C) Any negative effects of telework, including whether telework results in increased costs, security vulnerabilities, lower employee morale, decreased employee productivity, or waste, fraud, or abuse.

“(D) Any actions taken by the executive agency (or a detailed justification for any lack of action) in response to any findings of, or recommendations made by, the Inspector General of the executive agency with respect to telework.

“(2) GAO report.—With respect to each report submitted by the head of an executive agency under paragraph (1), the Comptroller General of the United States shall submit an accompanying report that evaluates the accuracy and thoroughness of the report submitted by the head of the executive agency with respect to the matters required to be included in the report of the executive agency under that paragraph.”.

(b) Effective Date.—The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act. <all>