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FMA Washington Report: June 7, 2024
Senate Committee Considers Federal Employee Telework Legislation in Mark-Up

On May 15, the Senate Homeland Security and Governmental Affairs Committee held a business meeting to mark up two telework bills among several other pieces of legislation. The committee advanced one of the telework bills and postponed consideration of the other. FMA has endorsed both pieces of telework legislation.

Telework Reform Act (S. 3015)

The committee passed the bipartisan Telework Reform Act (S. 3015), sponsored by Sens. James Lankford (R-OK) and Kyrsten Sinema (I-AZ) by a vote of 9-2.

S. 3015 codifies the definitions of telework and remote work. Additionally, it aims to enhance training and monitoring, accountability, and reporting for these arrangements. Further, it orders agencies to “identify potential value from increasing remote and other telework opportunities, which job classifications could benefit from being performed through telework, and expected cost savings and productivity outcomes resulting from the increased use of remote work and telework.”

Among its specific provisions, the bill would:

• Require telework and remote work agreements between employees and agencies be renewed on an annual basis, including a review of agency needs;

• Require employees take telework training every year;

• Require biannual surveys on telework usage; and,

• Require an annual review of telework guidelines by the Office of Management and Budget (OMB).

S. 3015 is now cleared for consideration by the full Senate.

Telework Transparency Act (S. 4043)

The committee briefly considered the Telework Transparency Act (S. 4043), offered by Sen. Gary Peters (D-MI), Chairman of the Senate Homeland Security and Governmental Affairs Committee, and Sen. Joni Ernst (R-IA). The bill would require agencies to gather data and monitor how telework impacts agency performance and federal property decisions, “creating more transparency and providing oversight to weigh the pros and cons of telework policies.”

During the committee markup, Senator Mitt Romney (R-UT) offered an amendment that would require some form of supervisory monitoring or evaluation and that employees report on what they accomplish while teleworking.

“My amendment calls simply for the supervisory staff to monitor those who are teleworking to make sure they are doing something,” Romney said. “It’s not saying what it has to be – it could be a call, or even just an email asking, ‘what did you accomplish today?’ The idea of people teleworking and having no reporting or monitoring whatsoever doesn’t make a lot of sense to me.”

Chairman Peters expressed support for the intent of Romney’s amendment and offered to work with him on the language in an effort to find consensus. Consideration of S. 4043 was postponed for a future committee mark-up.

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