HouseH.R. 10713119th Congress

Federal Telework Protection Act

Full Text

Official text as published. Use Ctrl+F / Cmd+F to search within the document.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10713 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10713

   To amend title 5, United States Code, to establish a process for 
   considering telework requests of Federal employees, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2026

Mr. Subramanyam (for himself, Mr. Walkinshaw, Mr. Hoyer, Ms. McClellan, 
   Mr. Ivey, and Mr. Lynch) 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 establish a process for 
   considering telework requests of 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 ``Federal Telework Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Experience in the Federal Government since the 
        enactment of the Telework Enhancement Act of 2010 indicates 
        that the ability of the Federal workforce to telework--
                    (A) improves agencies' productivity, emergency 
                preparedness, continuity of operations in disruptive 
                circumstances;
                    (B) reduces staff turnover, absenteeism, lost 
                productivity, and use of sick leave;
                    (C) improves employee health;
                    (D) promotes savings of funds and the effective use 
                energy, funding, and other resources; and
                    (E) helps with the retention and recruitment of 
                qualified talent into the Federal workforce.
            (2) It is in the public interest that the Federal workforce 
        performs at the highest levels of productivity and performance 
        to accomplish the operations of the Government. Telework 
        improves and facilitates the efficient accomplishment of 
        operations of the Government, therefore telework for Federal 
        employees is in the public interest.

SEC. 3. FEDERAL EMPLOYEE TELEWORK REQUEST PROCESS.

    (a) In General.--Section 6505 of title 5, United States Code, is 
amended--
            (1) in subsection (a), by striking the second sentence and 
        inserting ``The Telework Managing Officer shall be within the 
        executive agency telework office established under subsection 
        (e).'';
            (2) by amending subsection (c) to read as follows:
    ``(c) Status Within the Agency.--The Telework Managing Officer of 
an agency shall be--
            ``(1) a senior official of the agency who has direct access 
        to the head of the agency; and
            ``(2) a career position in the civil service and shall not 
        be--
                    ``(A) a political position (as that term is defined 
                in section 4(a) of Public Law 114-136 (5 U.S.C. 3101 
                note)); or
                    ``(B) a position in the excepted service.''; and
            (3) by adding at the end the following:
    ``(e) Telework Requests.--
            ``(1) Initial request.--
                    ``(A) In general.--An employee of an executive 
                branch agency may make a request to telework to the 
                employee's immediate supervisor. The supervisor shall 
                make a reasonable determination to approve or deny a 
                telework request based on the consideration of 
                conditions in paragraph (3)(B), the employee's job 
                requirements, and other factors as the supervisor may 
                deem appropriate. With respect to any request approved 
                by a supervisor under this paragraph, the supervisor 
                shall provide a clear number of telework days to the 
                employee during a clearly defined period of time, as 
                such supervisor deems appropriate.
                    ``(B) Urgent medical condition.--If practicable, 
                the supervisor shall grant any employee with any urgent 
                medical condition a period of ten to fifteen business 
                days of telework while the applicable request is 
                considered by the supervisor.
            ``(2) Appeal to telework office.--If a supervisor denies a 
        request under paragraph (1), and the employee has a substantial 
        reason to believe that the supervisor did not make a reasonable 
        determiniation under paragraph (1)(A) or consider a condition 
        described in paragraph (3)(B) that the employee alleges to have 
        met in the request, or the employee requires a modification of 
        the amount and duration of telework provided by the supervisor 
        under such paragraph, the employee may file an appeal with the 
        telework office of the executive agency established under 
        paragraph (4).
            ``(3) Application.--
                    ``(A) Retaliation prohibited.--No adverse personnel 
                action may be carried out in retaliation against an 
                employee filing a teleworking request under paragraph 
                (1) or an appeal under paragraph (2).
                    ``(B) Conditions.--In determining whether to grant 
                an employee's telework request under paragraph (1) or 
                under an appeal under paragraph (2), the supervisor or 
                telework office (as the case may be) shall consider 
                medical conditions, caregiving, disability, and 
                significant commuting time to the employee's official 
                duty station.
                    ``(C) Written explanation.--Any decision by an 
                immediate supervisor under paragraph (1) or a telework 
                office under paragraph (2) shall include a written 
                explanation of the decision, including how the decision 
                fulfills the requirements of this subsection.
            ``(4) Telework office.--
                    ``(A) In general.--There is established within each 
                executive agency a telework office. Each office shall 
                be responsible for reviewing appeals under paragraph 
                (2).
                    ``(B) Telework requests relating to health.--With 
                respect to any such appeal based on medical reasons, 
                the telework office may request from the employee 
                medical or other supplemental information the office 
                considers appropriate. The office shall ensure that 
                such information remains confidential and may not be 
                shared without the employee's consent.
                    ``(C) MSPB appeal.--An employee may appeal an 
                adverse decision by the telework office to the Merit 
                Systems Protection Board under section 7701.
            ``(5) Automatic approval.--If a supervisor does not issue 
        any decision with respect to a request under paragraph (1) 
        within 90 days after submission of such request, or the 
        telework office does not issue any decision with respect to an 
        appeal under paragraph (2) within 90 days after submission of 
        the appeal, the teleworking request shall be deemed approved 
        until the date a final decision is made under either such 
        paragraph.
            ``(6) Telework policies.--Each executive branch agency 
        shall update the agency's telework policy to reflect the 
        telework request process established under the Federal Telework 
        Protection Act. Each such policy shall be published on the 
        agency's public website.
            ``(7) Application.--The authority under this subsection to 
        grant an employee telework shall be in addition to any other 
        authority providing telework pursuant to this chapter.
            ``(8) Reports.--Not later than 1 year after the date of the 
        enactment of the Federal Telework Protection Act and annually 
        thereafter, the Director of the Office of Personnel Management 
        shall submit a report, to the Committee on Oversight and 
        Government Reform of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, on agency implementation of this subsection. Each such 
        report shall include--
                    ``(A) the total number of employees that had a 
                teleworking request approved under this subsection;
                    ``(B) the total number of employees that had a 
                teleworking request denied under this subsection;
                    ``(C) the total number of requests that were based 
                on conditions described in paragraph (3)(B); and
                    ``(D) the total number of teleworking requests 
                under this section that have not been processed.''.
    (b) Rule of Construction.--Nothing in this Act or any amendment 
made by this Act shall be construed to supersede any collective 
bargaining agreement in effect on the date of the enactment of this 
Act, or entered into after such date, between the Federal Government 
and any labor organization. For any such agreement entered into on or 
after such date, the parties may bargain the substantive conditions and 
procedures of telework notwithstanding this Act or any amendment made 
by this Act.

SEC. 4. LIMITATION ON RESTRICTING TELEWORK.

    No Federal funds may be obligated or expended to implement the 
presidential memorandum titled ``Return to In Person Work'', issued on 
January 20, 2025, or any subsequent order or directive, and agency 
guidance associated with such memorandum to eliminate remote work 
arrangements and require employees to return to work in-person at their 
respective duty stations.
                                 <all>